BRETHERICK, J., January 28, 1954.
The action is in assumpsit by the Department of Public Assistance of the Commonwealth against Samuel Sharago and Sallie Sharago, his wife, to recover certain amounts paid to husband defendant by way of public assistance.
By written agreement of counsel, the case was tried before a judge without a jury. See Act of April 22, 1874, P.L. 109, 12 PS § 688, et seq. The trial resulted
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