Cannell v. Smith
Pennsylvania Court of Common Pleas, Philadelphia County
No. 209 January Term 1891, Sup. Ct.; court below, No. 806 September Term 1889, C. P. No. 2. On December 26, 1889, Sarab N. Cannell brought trespass against Randolph A. Smith, filing a statement of claim to recover back the sum of $5,000 paid by the plaintiff to the defendant as a commission for effecting a sale of real estate, the plaintiff averring that the defendant induced the payment of said sum by the representation that he was acting as her agent alone in the…
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No. 209 January Term 1891, Sup. Ct.; court below, No. 806 September Term 1889, C. P. No. 2. On December 26, 1889, Sarab N. Cannell brought trespass against Randolph A. Smith, filing a statement of claim to recover back the sum of $5,000 paid by the plaintiff to the defendant as a commission for effecting a sale of real estate, the plaintiff averring that the defendant induced the payment of said sum by the representation that he was acting as her agent alone in the transaction, whereas he was employed and acting as agent for the purchaser. The defendant pleaded not guilty. At the trial on…
1Per curiam
The defendant was a real-estate broker and attempted to serve two masters. There is high authority for saying that this cannot be done: Matt, vi., 24. The plaintiff paid him á commission of five thousand dollars for effecting a sale of certain real estate, in ignorance of the fact that he was also the broker or agent of the purchaser. When she discovered that he was acting in this dual character, she brought this suit in the court below to recover back the money so paid, and succeeded. We have no doubt of the right to recover money paid under such circumstances. It is against public policy…
2Cases cited1 opinion
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
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- Hogle v. MeyeringMichigan Supreme Court · 1910
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