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GERFIN v. COLONIAL SMELTING & REF. CO., INC.

374 Pa. 66 (1953)

Gerfin v. Colonial Smelting & Refining Company, Inc., Appellant.

Supreme Court of Pennsylvania.

May 27, 1953.

Attorney(s) appearing for the Case

John Milton Ranck, with him Herbert S. Levy and Appel, Ranck, Levy and Appel, for appellant.

John W. Beyer, with him Arnold, Bricker & Beyer, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 27, 1953:

Plaintiff brought an action in assumpsit to recover additional commissions of $9,088.44 with interest, which he claimed to be due him, because the oral agreement for commissions made between himself and the defendant in July, 1948, and for which he had been paid in full, was obtained by defendant's fraudulent misrepresentation. The jury rendered a verdict for plaintiff's claim with...

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