Mitchell v. Edeburn
Superior Court of Pennsylvania
Appeal, No. 209, April T., 1908, by defendants, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 661, on verdict for plaintiff in case of Charles G. Mitchell v. W. A. Edeburn and Rachel L. Edeburn. Assumpsit to recover commissions on real estate. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 209, April T., 1908, by defendants, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 661, on verdict for plaintiff in case of Charles G. Mitchell v. W. A. Edeburn and Rachel L. Edeburn. Assumpsit to recover commissions on real estate. The facts are stated in the opinion of the Superior Court. Plaintiff presented the following points; 1. If the jury believe from the evidence that the plaintiff, Charles G. Mitchell, produced to the defendants a purchaser in the person of John Z. Levy to whom a proposition of sale or exchange was made by or on behalf of the defendants,…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was employed to sell or exchange certain pieces of real estate. belonging to Rachel L. Edeburn. The defend*227ants had given a power of attorney to Mr. Cochran and the plaintiff’s engagement was through him. The evidence shows that pursuant to his employment the plaintiff entered into negotiations with Mr. Levy and secured from him a proposition to exchange real estate owned by him for that belonging to the defendants on condition that the latter pay to Levy $2,000 in addition to the real estate to be conveyed. The plaintiff alleged that this proposition was…
2Cases cited3 opinions
- Kaufman v. PittsburgSupreme Court of Pennsylvania · 1904
- Sweeney v. Ten Mile Oil & Gas Co.Supreme Court of Pennsylvania · 1889
- Rathgebe v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
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