Clark v. Battaglia
Superior Court of Pennsylvania
Appeal, No. 60, April T., 1911, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1907, No. 539, on verdict for plaintiff in case of L. A. Clark, trading as L. A. Clark & Company v. N. Battaglia. Assumpsit to recover commissions on sale of real estate. Before Shaper, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,242.80. Defendant appealed. Error assigned was in refusing to enter judgment n. o. v.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff was a licensed real estate broker in the city of Pittsburg and brought this action to recover an agreed on compensation for negotiating a sale of the defendant’s property. Upon the trial he offered in evidence a written obligation of the defendant reciting that the plaintiff had secured a purchaser, one Waxman, for his property at the price of $53,000, and that he agreed to pay as compensation for services in negotiating the sale “the sum of two per cent, viz., one thousand and sixty ($1,060.00) dollars upon the consummation of said sale.” He further offered a…
2Cited by8 opinions
- Aber v. Pennsylvania Co. for Insurances on LivesSupreme Court of Pennsylvania · 1921
- Lattimore v. George J. Mellina & Co.Court of Appeals of Texas · 1946
- Preston v. PostelDistrict Court, S.D. Texas · 1922
- Perry v. SpellmanSuperior Court of Pennsylvania · 1961
- Mearkle & Bros. v. KellermanSuperior Court of Pennsylvania · 1923
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