Paul v. Grimm
Supreme Court of Pennsylvania
Appeal, No. 25, Oct. T., 1894, by plaintiffs, from judgment of C. P. Westmoreland Co., Feb. T., 1889, No. 428, in case tried by court without jury. Assumpsit by principal against agent’s administrator, to recover price of land sold by agent.
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Appeal, No. 25, Oct. T., 1894, by plaintiffs, from judgment of C. P. Westmoreland Co., Feb. T., 1889, No. 428, in case tried by court without jury. Assumpsit by principal against agent’s administrator, to recover price of land sold by agent. The following opinion was filed by Doty, P. J.: “ From the evidence adduced the following facts appear: “ 1. The plaintiffs being the owners of a tract of land containing 151 acres, 152 perches, in Washington township, Westmoreland county, Penna., by their letter of attorney, dated Dec. 23, 1882, authorized James L. Thompson, defendant’s intestate, as…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
In 2 Benjamin on Sales, sec. 1099, note 26, it is thus stated: “ Payment to an agent must be in money. This is the general principle in the absence of express authority to the agent to receive something else than money,” citing a large number of cases.
In the case of Catterall v. Hindle, L. R. 1 C. P. 186, Keating, J., delivering the opinion, said, “ That a broker or agent employed to sell has, prima facie, no authority to receive payment otherwise than in money, according to the usual course of business, has been well established, and it seems equally clear that…
2Cases cited5 opinions
- Fifth N. Bank v. AshworthSupreme Court of Pennsylvania · 1889
- Mayor v. DavisSupreme Court of Pennsylvania · 1843
- McCulloch v. McKeeSupreme Court of Pennsylvania · 1851
- Wilson v. WilsonSupreme Court of Pennsylvania · 1856
- Opie v. SerrillSupreme Court of Pennsylvania · 1843
3Cited by13 opinions
- Vicki Bagley Realty, Inc. v. LauferDistrict of Columbia Court of Appeals · 1984
- Southern New England Telephone Co. v. Public Utilities CommissionSupreme Court of Connecticut · 1957
- Mancine v. Concord-Liberty Savings & Loan Ass'nSuperior Court of Pennsylvania · 1982
- Capps v. Mines Service, Inc.Oregon Supreme Court · 1944
- Rodgers v. Studebaker Sales Co.Superior Court of Pennsylvania · 1931
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