Marshall v. Troncelliti

Opinion by

Trexler, J.,

The plaintiffs brought an action of assumpsit for the loss of profits which they claimed they sustained by reason of defendant’s refusal to permit them to carry out a contract for the erection of an apartment house. The written agreement was attached to plaintiff’s statement. The affidavit of defense claims nonperformance by the plaintiffs; denies that the defendant prevented them from completing the work and states that they suffered no loss. The trial resulted in a verdict for the plaintiffs.

The defendant attempted to put in evidence the written contract between…