CHILDS v. AUSTIN SUPPLY CO.


408 Pa. 403 (1962)

Childs v. Austin Supply Co., Appellant.

Supreme Court of Pennsylvania.

September 25, 1962.


Attorney(s) appearing for the Case

John J. Tinaglia, with him Michael A. Foley, for appellant.

Stanford S. Hunn, with him Benjamin Goldman, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, September 25, 1962:

This appeal challenges the propriety of the action of a trial court, following a verdict for the defendant in an assumpsit action, in granting a new trial solely on the ground that the instructions of the trial court to the jury failed to clearly delineate the issues to the jury.

H. Schwartz & Son (Schwartz) in December, 1956, purchased from Austin Supply Company, Inc. (Austin) two Salamander...

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