VERZELLA et ux. v. CASTE BROS., INC.


207 Pa.Super. 74 (1965)

Verzella et ux., Appellants, v. Caste Brothers, Inc.

Superior Court of Pennsylvania.

December 16, 1965.


Attorney(s) appearing for the Case

Louis Vaira, for appellants.

Raymond W. Cromer, with him Eugene J. Reinbold, and Beck, McGinnis & Jarvis, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).


OPINION BY JACOBS, J., December 16, 1965:

In this assumpsit action based on alleged breach of contract for the construction of a house the court below granted a new trial after plaintiffs refused to file a remittitur of $1,591.55 of the $2,420 verdict in their favor. The sole issue presented to us is whether or not we should reverse such action. In considering the grant of a new trial by the lower court, an appellate court will affirm unless there has been a clear...

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