OPINION BY MR. JUSTICE CHIDSEY, May 21, 1956:
This action in assumpsit was instituted by the plaintiff-appellant to recover a sum which he alleged defendant agreed, but failed to pay him as commissions under a contract of employment. The case was tried before a jury which was unable to agree on a verdict and was therefore discharged. The court granted defendant's motion for judgment upon the whole record and entered judgment accordingly under the provisions
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