Byren & Weil, Inc. v. French & Keeley, Inc.

Opinion by

Gawthrop, J.,

Appellant, the defendant, has assigned for error the dismissal of its motion for judgment non obstante veredicto and the entry of judgment against it on the findings of the trial judge, sitting without a jury.

The action was assumpsit. The statement of claim alleged (1) two written contracts, which are substantially alike in terms,- for the painting and display by plaintiff of an advertisement for defendant on the olio and on the street drop of the Palm Theatre in the City of Philadelphia, the material portion of which is as follows:

“Kindly place and display our…