Ross v. Fickling
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendants from a judgment on verdict in an action of assumpsit by a real estate broker to recover commissions.
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Hearing on an appeal by the defendants from a judgment on verdict in an action of assumpsit by a real estate broker to recover commissions. The Court in its opinion stated the case as follows: This is an action in assumpsit instituted by the appellee, Charles H. Pickling, a real estate broker, to recover a balance alleged to be due to him for money advanced and services rendered in and about making sales and finding purchasers for certain parcels of land in a place known as “Cooke Parle,” in that part of the city of Washington formerly known as Georgetown. The declaration, filed on May 5,…
1Opinion of the Court
Mr: Justice Morris
delivered the opinion of the Court:
1. The first assignment of error, based upon the exclusion by the trial court of the testimony of the defendant Samuel Ross in regard to the alleged insolvency of the Handbacks, is clearly untenable.
While it is entirely true that contracts may often be rescinded or avoided on the ground of the insolvency or financial embarrassment of one or more of the parties to them, yet the contract in question here is plainly not of such a character as to justify the application to it of any *450such rule of rescission. This contract required no payment of…
2Cases cited4 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- United States v. WilderSupreme Court of the United States · 1872
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Sprogle v. AllenCourt of Appeals of Maryland · 1873
3Cited by1 opinion
- Group Health Ass'n v. ShepherdDistrict of Columbia Court of Appeals · 1944