Moss v. Bailey Sales & Service, Inc.

385 Pa. 547 (1956)

Moss, Appellant,

v.

Bailey Sales and Service, Inc.

Supreme Court of Pennsylvania.

Argued March 12, 1956.

June 25, 1956.

Before STERN, C.J., JONES, BELL, MUSMANNO and ARNOLD, JJ.

Howard W. Lyon, with him Gilbert D. Levine and Donald E. Williams, for appellants.

Alvah M. Shumaker, with him Joseph R. McFate and Caldwell & McFate, for appellee.

OPINION BY MR. JUSTICE JONES, June 25, 1956:

This is an appeal by the plaintiff partnership from the refusal of the court below to take off a compulsory nonsuit entered at the trial of their action in assumpsit for the recovery of the value of a…