SCOTT v. PURCELL


264 Pa.Super. 354 (1979)

399 A.2d 1088

Thomas A. SCOTT, Appellant, v. Robert PURCELL and the Oaklander Associates, a Limited Partnership.

Superior Court of Pennsylvania.

Decided March 16, 1979.

Petition for Allowance of Appeal Granted August 23, 1979.


Attorney(s) appearing for the Case

James L. McAneny, of McCrady, Nicklas & McCrady, Pittsburgh, for appellant.

David J. Humphreys, of Hess & Humphreys, Pittsburgh, for appellees.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


SPAETH, Judge:

This is an appeal from the refusal to take off orders of compulsory nonsuit.

In reviewing the propriety of the orders, we must apply the rule stated in Shechter v. Shechter, 366 Pa. 30, 33, 76 A.2d 753, 755 (1950), where the Supreme Court said that a nonsuit "should only be entered in a clear case where the plaintiff cannot recover under any view of the evidence with every doubt resolved against its entry...

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