FRITZ v. LYONS


185 Pa.Super. 549 (1958)

Fritz v. Lyons, Appellant.

Superior Court of Pennsylvania.

January 21, 1958.


Attorney(s) appearing for the Case

F. Lyman Windolph, with him Charles V. Snyder, Jr. and Windolph, Burkholder & Hartman, for appellant.

William C. Storb, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.


OPINION BY WRIGHT, J., January 21, 1958:

Louis J.E. Fritz filed a complaint in assumpsit against Gilbert I. Lyons. Plaintiff's action was based on a two-year written contract of employment. Defendant filed an answer admitting the execution of the contract but averring that, "by mutual consent of the parties, said agreement was never put into effect". The answer also contained a counterclaim, to which plaintiff replied. At the trial, after the introduction of plaintiff...

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