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STIMELY v. DUTCHMEN MOBILE HOMES

240 Pa.Super. 626 (1976)

Stimely, Appellant, v. Dutchmen Mobile Homes.

Superior Court of Pennsylvania.

June 28, 1976.

Attorney(s) appearing for the Case

Eugene F. Zenobi, with him Alan Linder, for appellant.

David Wagenseller, III, with him Ronald Buckwalter, and Shirk, Reist and Buckwalter, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., June 28, 1976:

Appellant, Thelma E. Stimely, commenced the present action in assumpsit against Dutchmen Mobile Homes for the return of a down payment she had made on the purchase of a mobile home. Although appellant received a jury verdict in the amount of $3,000.00, the court below granted a new trial because it failed to charge the jury on a requested instruction by Dutchmen Mobile Homes. The requested instruction was: "If you find that the...

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