Thompson v. Karastan Rug Mills

Opinion by

Hoffman, J.,

This is an appeal from the order of the court below granting defendant’s motion for judgment n.o.Y. following a jury verdict in favor of the plaintiff.

Wayne-Weil Company, a retail carpet outlet, sold and installed wall-to-wall carpeting in appellant’s home. When payment was not forthcoming, Wayne-Weil instituted an action in assumpsit in the Common Pleas Court of Allegheny County. Appellant raised the defense that the carpet was defective and unmerchantable. Mr. Thompson, further counter-claimed for damages incurred during the installation of the carpets. After taking…