Mayer v. Rhoads
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 54 July Term 1890, Sup. Ct.; court below, No. 99 August Term 1887, C. P. On August 12, 1887, the defendants entered an appeal from the judgment of a justice of the peace, in an action brought by Daniel A. Mayer against Charles J. Rhoads and J. II. Herr, trading as C. J. Rhoads & Co., to recover commissions on a sale of tobacco for the defendants. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 54 July Term 1890, Sup. Ct.; court below, No. 99 August Term 1887, C. P. On August 12, 1887, the defendants entered an appeal from the judgment of a justice of the peace, in an action brought by Daniel A. Mayer against Charles J. Rhoads and J. II. Herr, trading as C. J. Rhoads & Co., to recover commissions on a sale of tobacco for the defendants. Issue. At the trial on December 5, 1889, the plaintiff testified that he was a commission merchant, and that in October, 1886, he had received a letter from one Beckman, of…
1Opinion of the Court
Pee Ctjeiam:
There are three short extracts from the charge of the court assigned as error. Whether we consider the charge as a whole, or the isolated and brief sentences referred to in the assignments, it is free from error. The proposition that the plaintiff is entitled to recover commissions as a broker from a man who never employed him, nor authorized him to sell the tobacco, cannot be sustained either upon reason or authority. It certainly is not supported by Smith v. Milligan, 43 Pa. 107, or Keys v. Johnson, 68 Pa. 42. In neither case is there any indication of the right of a broker to…
2Cases cited2 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Smith v. MilliganSupreme Court of Pennsylvania · 1862
3Cited by3 opinions
- Seligson v. YoungSuperior Court of Pennsylvania · 1959
- Samuels v. LuckenbachSupreme Court of Pennsylvania · 1903
- Henderson v. SonnebornSuperior Court of Pennsylvania · 1906