Clark v. Hubbard
Superior Court of Pennsylvania
Appeal, No. 190, April T., 1910, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 156, on verdict for defendant in case of L. A. Clark, trading as L. A. Clark & Company, v. George Hubbard. Assumpsit on a promissory note. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 190, April T., 1910, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 156, on verdict for defendant in case of L. A. Clark, trading as L. A. Clark & Company, v. George Hubbard. Assumpsit on a promissory note. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1, 2) admission of evidence taken at the previous trial of the case; (3-11) various instructions.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff, a real estate agent, instituted negotiations for the exchange of certain real estate upon terms that were fully set out in an agreement between William M. Oberlin and George Hubbard. The negotiations resulted in a failure by reason of Oberlin refusing to comply with one of the provisions, which required him to deliver his property free from all liens and incumbrances, the reason given being that he could not raise the necessary money.
The note in suit, as appears by the testimony, was given to the plaintiff for commissions, and while absolute on its face, it…
2Cases cited9 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Turner v. BakerSupreme Court of Pennsylvania · 1909
- Linderman v. McKennaSuperior Court of Pennsylvania · 1902
- Evans v. RockettSuperior Court of Pennsylvania · 1907
- Mitchell v. EdeburnSuperior Court of Pennsylvania · 1908
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3Cited by2 opinions
- Katz v. MontagueSuperior Court of Pennsylvania · 1956
- Fenner v. No. 90 Building & Loan Ass'nSuperior Court of Pennsylvania · 1941