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FREER v. PARKER

411 Pa. 346 (1963)

Freer v. Parker, Appellant.

Supreme Court of Pennsylvania.

July 2, 1963.

Attorney(s) appearing for the Case

Alfred Sarowitz, for appellant.

Richard J. Raab, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, July 2, 1963:

Leroy Parker, the defendant-appellant in this case, moved for a new trial in the court below on two grounds: (1) that the verdict was against the weight of the evidence; (2) that there was a variance between the allegata and probata. He has since dropped his claim that the verdict was against the weight of the evidence and argues for a new trial on the second ground alone.

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