Barber v. Miller
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1908. No. 1,772, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Edward Barber et al. v„ George Miller. Assumpsit to recover commissions for renting real estate. Rule for judgment for want of a sufficient affidavit of defense. Before Sulzberger, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 44, Oct. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1908. No. 1,772, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Edward Barber et al. v„ George Miller. Assumpsit to recover commissions for renting real estate. Rule for judgment for want of a sufficient affidavit of defense. Before Sulzberger, P. J. The opinion of the Superior Court states the case. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action in assumpsit brought by plaintiffs to recover commissions as brokers. The declaration alleged that the defendant employed plaintiffs to rent No. 1306 Chestnut *444street; that they offered it, among others, to the Crane Ice Cream Company, who did not lease; that defendant then directed them to offer to the-Crane company No. 1310 Chestnut street, also owned by him; that they did offer the property No. 1310 Chestnut street and procured an offer from the Crane company of $15,000 per annum for five years; that the offer was accepted and plaintiffs prepared…
2Cases cited11 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Earp v. CumminsSupreme Court of Pennsylvania · 1867
- Turner v. BakerSupreme Court of Pennsylvania · 1909
- Kifer v. YoderSupreme Court of Pennsylvania · 1901
- Hartley v. AndersonSupreme Court of Pennsylvania · 1892
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3Cited by5 opinions
- Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
- Shapira v. Union Trust Co., Exr.Supreme Court of Pennsylvania · 1931
- Bennett v. Crew Levick Co.Supreme Court of Pennsylvania · 1926
- Curatolo v. Venafrana Beneficial Society St. NicandroSuperior Court of Pennsylvania · 1918
- Lowenstein v. McPeakSuperior Court of Pennsylvania · 1911