MORGAN v. PHILLIPS


385 Pa. 9 (1956)

Morgan, Appellant, v. Phillips.

Supreme Court of Pennsylvania.

April 18, 1956.


Attorney(s) appearing for the Case

Leland W. Walker, with him Walker & Kimmel, for appellant.

Simon K. Uhl and William Moldovan, for appellees.

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


OPINION BY MR. CHIEF JUSTICE HORACE STERN, April 18, 1956:

In order to recover in this case plaintiff was confronted with a difficult burden, but whether he succeeded in establishing his claim was a question for the jury and not for the court and therefore the court erred in entering a nonsuit and subsequently refusing to remove it. Plaintiff's appeal is from that refusal.

On September 2, 1952, plaintiff, Irvin S. Morgan, entered into an agreement with the...

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