Legal Opinion

Ord v. Baizley

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeal, No. 136PublishedCited by 2 opinions

Appeal, No. 136, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., Dec. T., 1914, No. 136, on verdict for plaintiff in case of R. Laird Ord v. Rudolph R. Baizley. Assumpsit to recover commissions for the sale of a dredge. Before Wheeler, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $347.70. Defendant appealed.

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Appeal, No. 136, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., Dec. T., 1914, No. 136, on verdict for plaintiff in case of R. Laird Ord v. Rudolph R. Baizley. Assumpsit to recover commissions for the sale of a dredge. Before Wheeler, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $347.70. Defendant appealed. Error assigned was in refusing binding instructions for defendant. cited: Holt v. Green, 73 Pa. 198; Earp v. Cummins, 54 Pa. 394. cited: Peters v. Holmes, 45 Pa. Superior Ct. 278; Lamb v. Elder, 56 Pa.…

1Opinion of the Court

Opinion by

Oelady, P. J.,

In this action to recover a commission on the sale of a dredge, it was shown beyond any doubt that the plaintiff was not such a broker as is contemplated by Section 71, of the Act of Congress of June 30, 1864, nor of the Mercantile Tax Act of May 7,1907. He had never made any sales of machinery on his personal account and had never charged or received any commissions for sales made, so that not having a broker’s license did not prevent his right to recover. As held in Chadwick v. Collins, 26 Pa. 138, practically there is no difficulty in ascertaining who are engaged in…

2Cases cited3 opinions

  1. Chadwick v. CollinsSupreme Court of Pennsylvania · 1856
  2. Raeder v. ButlerSuperior Court of Pennsylvania · 1902
  3. Yedinskey v. StrouseSuperior Court of Pennsylvania · 1898

3Cited by2 opinions

  1. Webb v. RachmilSuperior Court of Pennsylvania · 1920
  2. Parish v. Werner, Pennsylvania Court of Common Pleas, Berks County1944

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