LOMBARDO v. GASPARINI EXCAVATING CO.


385 Pa. 388 (1956)

Lombardo, Appellant, v. Gasparini Excavating Co.

Supreme Court of Pennsylvania.

June 25, 1956.


Attorney(s) appearing for the Case

William S. Bailey, with him Bailey & Rupp, and Homanich, Dutka & Yavorek, for appellant.

Joseph E. Gallagher, with him James J. Ligi, Carlon M. O'Malley, O'Malley, Morgan, Bour & Gallagher and Jenkins & Ligi, for appellee.

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


OPINION BY MR. JUSTICE CHIDSEY, June 25, 1956:

Plaintiff appellant brought this action in assumpsit to compel defendant corporation to account for the profits realized from a coal stripping operation and to pay plaintiff 50 per cent thereof. The case was tried before a jury and resulted in a disagreement. Pursuant to defendant's motion, the court below in a unanimous decision entered judgment upon the whole record in favor of the defendant, under the provisions of...

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