Fritz v. Lyons

Opinion by

Wright, J.,

Louis J. E. Fritz filed a complaint in assumpsit against Gilbert I. Lyons. Plaintiffs action was based on a two-year written contract of employment. Defendant filed an answer admitting the execution of the contract but averring that, “by mutual consent of the parties, said agreement was never put into effect”. The answer also contained a counterclaim, to which plaintiff replied. At the trial, after the introduction of plaintiffs testimony, counsel for defendant moved for a compulsory nonsuit on the ground of “estoppel by acquiescence”. This motion was overruled. Both…