McDEVITT, J., May 1, 1972.
This case was tried before the Hon. John J. McDevitt, 3rd, and a jury on April 7 and 8, 1971. The jury returned a verdict in favor of plaintiffs, Joseph Baratta, for $3,000 and Frances Baratta, for $8,000 against defendant. Defendant moved for judgment n.o.v.
Defendant in its brief supporting this motion, gave three reasons:
1. There is a distinct variance between the allegata and the probata.
2. The evidence is inadequate...
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