Fugh Coal Co. v. City of Pittsburgh

Weiss, J.,

This is an action in assumpsit based upon breach of contract. The parties *300stipulated to the facts. The court directed a verdict for plaintiff. The city filed its motion for judgment n. o. v., and the matter now comes for disposition before this court en banc.

Reviewing the pleadings and facts as stipulated and agreed between counsel in this proceeding and all reasonable inferences deductible therefrom, favorable to the verdict as consideration of a motion for judgment notwithstanding a verdict procedurally requires, the following is the factual situation (stipulated) basic to the…