SMITH v. MARCUS


175 Pa.Super. 64 (1954)

Smith v. Marcus, Appellant.

Superior Court of Pennsylvania.

March 16, 1954.


Attorney(s) appearing for the Case

David Kanner, for appellants.

Morris Chernock, with him Joseph J. Frieri, for appellees.

Before RHODES, P.J., HIRT, RENO, ROSS and GUNTHER, JJ.


OPINION BY HIRT, J., March 16, 1954:

In this action the plaintiffs recovered a verdict for $924 against Jay Jay Home Improvement Company, a partnership, based upon a modification of a written instrument by parol which the lower court sanctioned. The jury found in favor of the defendant, Portner, and that verdict is not questioned. In this appeal the defendant partners contend that they are entitled to judgment n.o.v.

The plaintiffs in August 1947 entered into...

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