Mahony, Trustee v. Boenning

Opinion by

Mr. Justice Schaffer,

This is an action of assumpsit. The statement of claim contains two separate and distinct causes of action. In this opinion, we shall deal with only one of them, for $3,039.13, with interest, which culminated in a verdict in plaintiff’s favor for $1,557.03, as a result of binding instructions by the trial judge to that effect. We have this appeal by defendants from the judgment entered on the verdict, their contention being that judgment should be entered for them.

The evidence shows that C. D. Parker & Co., Inc., a Massachusetts corporation (of which Thomas H.…