Palestroni v. Jacobs

73 A.2d 89, rev. 77 A.2d 183 (App.Div.1950)

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Nature of the Case

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Facts

Plaintiff is a building contractor. He sued Defendant in assumpsit for a breach of a written contract to erect a two and one-half story family dwelling and breach of an oral contract for several changes made during construction. D filed a counterclaim for damages for a failure to complete the building according to the terms of the written contract. During jury deliberations, a jury was asked for, and the judge allowed a deputy to get one. The verdict went for P and D moved to have the verdict set aside as a dictionary was not part of the evidence offered at trial.