Aber v. Pennsylvania Co. for Insurances on Lives
Supreme Court of Pennsylvania
Appeal, No. 115, Jan. T., 1921, by defendant, from order of O. P. No. 3, Phila. Co., March T., 1920, No. 611, making absolute rule for judgment for want of sufficient affidavit of defense, in case of James S. Aber to use of Harry Sklarow v. Pennsylvania Co. for Insurances on Lives & Granting Annuities. Assumpsit for real estate broker’s commissions. Before Ferguson, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 115, Jan. T., 1921, by defendant, from order of O. P. No. 3, Phila. Co., March T., 1920, No. 611, making absolute rule for judgment for want of sufficient affidavit of defense, in case of James S. Aber to use of Harry Sklarow v. Pennsylvania Co. for Insurances on Lives & Granting Annuities. Assumpsit for real estate broker’s commissions. Before Ferguson, J. The opinion of the Supreme Court states the facts. The court made absolute rule for judgment for want of sufficient affidavit of defense. Defendant appealed. Error assigned was above order, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an appeal from a judgment for want of a sufficient affidavit of defense. A real estate agent sues to recover commissions.
*386Did plaintiff’s statement charge for an original undertaking by the trust company? Prior to the 18th of December, plaintiff was asked by defendant, not as trustee but in its individual capacity, to sell certain real estate, for which, if successful, plaintiff was to receive a commission of two per cent. He procured a purchaser, who was submitted to and approved by defendant. Plaintiff had then done all that was required to earn the…
2Cases cited7 opinions
- Lieberman v. ColahanSupreme Court of Pennsylvania · 1920
- Restein v. McCadden & Bro.Supreme Court of Pennsylvania · 1895
- Irons v. SnyderSuperior Court of Pennsylvania · 1912
- Clark v. BattagliaSuperior Court of Pennsylvania · 1911
- Aikins v. Thackara Mfg. Co.Superior Court of Pennsylvania · 1900
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3Cited by18 opinions
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- Revere Press, Inc. v. BLUMBERGSupreme Court of Pennsylvania · 1968
- Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
- Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
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