Warren Balderston Co. v. Integrity Trust Co.

Opinion by

Me. Justice Drew,

This action is in trespass for deceit. At the trial, upon defendant’s motion, a compulsory nonsuit was entered, which the court in banc subsequently refused to take off, whereupon plaintiff appealed.

From the testimony, which we read in the light most favorable to plaintiff (Moore v. Erie Rys. Co., 308 Pa. 573), we find that plaintiff is a corporation engaged in the business of selling plumbing supplies, and that in April, 1927, one Charles F. Morrison ordered from plaintiff a large quantity of merchandise; that these materials were intended for use in the erection…