Legal Opinion

Barrow v. Newton

Superior Court of Pennsylvania

Decided December 11, 1911No. Appeal, No. 282PublishedCited by 3 opinions

Appeal, No. 282, Oct. T., 1910, 'by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 3,102, on verdict for plaintiff in case of W. Bruce Barrow v. Mahlon W. Newton. Assumpsit to recover commissions upon the sale of real estate. Before Barratt, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 282, Oct. T., 1910, 'by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 3,102, on verdict for plaintiff in case of W. Bruce Barrow v. Mahlon W. Newton. Assumpsit to recover commissions upon the sale of real estate. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Plaintiff presented the following point: 1. If the jury believe that the defendant gave the plaintiff the option to rent or sell the property at Tenth-and Market streets, Camden, N. J., from thirty to sixty days from August 3, 1907, and further believe that the…

1Opinion of the Court

Opinion by

Porter, J.;

The plaintiff is a real estate broker and brought this action to recover commissions upon a sale of real estate alleged to have been made through his agency. The fact that the defendant had on August 3, 1907, employed the plaintiff to procure a purchaser for the property was not disputed. The evidence established that the property had been sold by the defendant, on October 5, 1907, to the Excelsior Drum Works, the purchaser having been repre*384sented in the transaction by its manager, Soistman. The evidence as to the facts material to the right of the plaintiff to recover…

2Cases cited3 opinions

  1. Earp v. CumminsSupreme Court of Pennsylvania · 1867
  2. Kifer v. YoderSupreme Court of Pennsylvania · 1901
  3. Hartley v. AndersonSupreme Court of Pennsylvania · 1892

3Cited by3 opinions

  1. Sowney v. BairSupreme Court of Pennsylvania · 1921
  2. Smith v. ZellSuperior Court of Pennsylvania · 1924
  3. Young v. DempseySuperior Court of Pennsylvania · 1917

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