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BASORE CONSTRUCTION COMPANY v. BRINKER SUPPLY COMPANY. (12/14/60)

December 14, 1960

BASORE CONSTRUCTION COMPANY, APPELLANT,
v.
BRINKER SUPPLY COMPANY.



Appeal, No. 226, April T., 1960, from judgment of Court of Common Pleas of Somerset County, No. 839 C.D. 1954, in case of Basore Construction Company v. Brinker Supply Company et al. Judgment vacated and new trial directed.

COUNSEL

Emanuel S. Leopold, with him Frank A. Orban, and Scheeline and Leopold, for appellant.

Archibald M. Matthews, for appellees.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Ervin

[ 194 Pa. Super. Page 305]

OPINION BY ERVIN, J.

This is an action of replevin with bond which is before this Court for the second time.

The case was tried before the court below and a jury, which awarded a verdict in favor of the defendant. After the denial of plaintiff's motions for a new trial and judgment n.o.v., judgment was entered on the verdict.

On appeal to this Court, the judgment was reversed and the case was remanded to the court below upon the following order: "Judgment reversed and the record is remanded to the court below for the entry of judgment n.o.v. in favor of the appellant." See Basore Construction Corp. v. Brinker Supply Co., 187 Pa. Superior Ct. 10, 17, 142 A.2d 478 (allocatur refused ibid xxvii).

On August 12, 1958, after the record had been remitted to the court below, plaintiff moved for the entry

[ 194 Pa. Super. Page 306]

    of judgment n.o.v. and for a trial for the assessment of damages. On June 23, 1960, the court below entered judgment n.o.v. in favor of the plaintiff but refused its application for a jury trial for the assessment of damages.

In this replevin action plaintiff sought to recover possession of personal property and special damages arising from the ...


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