APCL & K, Inc. v. Richer Communications, Inc.

CERCONE, Judge:

This appeal arises from a jury verdict in favor of plaintiff (appellee herein) in the amount of $38,869.19 based upon its agency contract with defendant-appellant. Principally, appellant challenges the trial court’s direction of a partial verdict for appellee in the amount of $27,297.19. 1 For the reasons which follow we agree that the court improperly removed one issue from the jury’s consideration and, with respect to that issue and the damages attributable thereto, we must remand for a new trial. The relevant facts are as follows:

Appellant is the owner of a Philadelphia FM…