29 A.2d 693 | Pa. | 1942
This is an action in assumpsit to recover a balance alleged to be due on a parol agreement for alterations and improvements made by plaintiff corporation to defendants' residence. The jury returned a verdict for defendants. Plaintiff then moved for a new trial and the learned court below ordered that, upon payment of two hundred and fifty dollars within thirty days by defendants to plaintiff, the motion for a new trial would be discharged, otherwise it would be granted. Plaintiff refused to accept defendants' tender of the money whereupon the court ordered the motion for a new trial discharged, and plaintiff took this appeal.
It is necessary that a new trial be granted. In Lehr v.Brodbeck,
A court does not have power to add to a verdict it deems inadequate in order to avoid granting a new trial. Bradwell v.Railway Co.,
Furthermore, the provisional order for a new trial established a finding by the court below that the verdict for defendants was against the evidence. A careful examination of the record shows clearly the correctness of this finding. Under the circumstances, we are forced to say that the court below abused its discretion in refusing to grant a new trial and, therefore, its order discharging plaintiff's motion must be reversed and a new trial granted.
Order reversed with a venire facias de novo. *172