Kirk v. Brentwood Manor Homes

On June 27, 1956, James E. Kirk and Helen C. Kirk, his wife, filed a complaint in assumpsit against Brentwood Manor Homes, corporate defendant, and Murray G. Isard, individual defendant, to recover the total sum of $3,383.35 on an alleged oral contract. After defendants preliminary objections were overruled and plaintiffs motion for judgment on the pleadings was dismissed, the case was tried in the Municipal Court before Judge ODONNELL without a jury. At the conclusion of plaintiffs evidence, the trial judge granted defendants motion for a compulsory non-suit. The court en banc subsequently refused to remove the non-suit, and in effect entered judgment for the defendants. Plaintiffs have appealed.