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BETTERMAN v. AMERICAN STORES CO.

367 Pa. 193 (1951)

Betterman v. American Stores Company, Appellant.

Supreme Court of Pennsylvania.

March 28, 1951.

Attorney(s) appearing for the Case

George M. Spence, with him Joseph Gilfillan, Robert H. Shertz, Spence, Custer, Saylor & Wolfe, Gilfillan, Gilpin & Brehman and Shertz, Barnes & Shertz, for appellant.

Frank A. Sinon, with him Philip N. Shettig, Shettig & Swope and Rhoads & Sinon, for appellee.

Before DREW, C.J., STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, March 28, 1951:

Plaintiff, a contract carrier by motor vehicle, brought an action of assumpsit against defendant for the cost of operation plus a reasonable profit guaranteed him under a written contract dated August 30, 1937, and recovered a verdict of $16,050.13. Defendant appealed from (the judgment on the verdict which was entered following) the lower court's refusal to enter a judgment n.o.v. or to grant a new trial. What is...

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