PA. GAS & ELEC. APPLIANCE CO. v. SMITH


199 Pa.Super. 445 (1962)

Pennsylvania Gas and Electric Appliance Co., Appellant, v. Smith.

Superior Court of Pennsylvania.

November 15, 1962.


Attorney(s) appearing for the Case

David H. Kubert, for appellant.

Paul C. Van Dyke, with him Cochrane & Van Dyke, for appellees.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., November 15, 1962:

The issue raised by the plaintiff on this appeal is whether or not the court below abused its discretion in granting a new trial generally instead of limiting it to the issue of damages.

The action is in assumpsit to recover damages for the breach by the defendants of an alleged contract for the installation by the plaintiff of certain improvements in the defendants' home. Although the existence of the contract, its...

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