Hyman v. Erie Concrete & Steel Supply Co.

Per Curiam, The plaintiff brought an action in assumpsit against defendant and ashed for an accounting under section 11 *45 of the Practice Act of 1915, as amended, 12 PS §393. The jury returned a verdict for plaintiff. The court below dismissed defendant’s motions for a new trial and judgment n. o. v. and directed that judgment be entered on the verdict, upon payment of the jury fee. Defendant has appealed. It is well settled that a judgment for an accounting is interlocutory and not appealable: Miller v. Belmont P. & Rubber Co., 268 Pa. 51, 66, 110 A. 802; Hall v. Haines, 38 Pa. Superior Ct. 517. The appeal is quashed at the costs of appellant.