Appeal, No. 91, Oct. T., 1954, from judgment of Municipal Court of Philadelphia County, Feb. T., 1952, No. 783, in case of Rocco Matteo et ux. v. George Bofoni, also known as George Bodoni, trading as 4 Bros. Refrigeration Company. Appeal quashed; reargument refused October 4, 1954.
Rames J. Bucci, with him Bucci & Bucci, Philadelphia, for appellant
Joseph Blank, with him S. Frank Laveson, Philadelphia, for appellee.
Before Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ. (rhodes, P.j., absent).
[ 177 Pa. Super. Page 17]
We have heard arguments on a motion to quash this appeal and on the merits of the case.
It involves a suit in assumpsit brought by the appellee to recover payments made to the appellant for refrigerators which could not be used for the purposes for which they were sold.
After trial without a jury before Judge LINTON of the Municipal Court of Philadelphia judgment was entered in favor of the plaintiff and against the defendant
[ 177 Pa. Super. Page 18]
appellant in the sum of $450. Shortly thereafter Judge LINTON died and upon motion of defendant the Municipal Court granted a new trial.
The case was retried by Judge BONNIWELL before a jury. There was a verdict in favor of the plaintiff and against the defendant in the amount of $1275.40. Defendant made motions for a ...