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THOMAS B. BARTINDALE, INC. v. GORMAN

165 Pa.Super. 612 (1950)

Thomas B. Martindale, Inc., Appellant, v. Gorman.

Superior Court of Pennsylvania.

January 12, 1950.

Attorney(s) appearing for the Case

Abram P. Piwosky, with him Sacks & Piwosky, for appellant.

McManus, Kenney & McCormick, did not appear nor file a brief for appellee.

Before RHODES, P.J., DITHRICH, ROSS, ARNOLD and FINE, JJ. (HIRT and RENO, JJ., absent).

OPINION BY DITHRICH, J., January 12, 1950:

In this action in assumpsit instituted by plaintiff to recover a fixed amount of liquidated damages for the alleged breach of an option to repurchase an automobile, the learned court below, before whom the case was tried without a jury, found for the plaintiff but awarded it nominal damages only.

In finding for the plaintiff, in what was admittedly an effort to keep a "new" automobile off the "used" car market, the...

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