O'Toole v. Escher
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1911, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., No. 233, Fourth Term, 1907, on verdict for defendant in case of Patrick O’Toole v. Catherine Escher. Assumpsit for money had and received. Before Cohen, J. The court gave binding instructions for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought, this action to recover of the defendant money paid to one John Bennett, alleging that the latter had received the money as the agent of the defendant under a contract for the sale of land. The plaintiff testified that he had entered into a contract with Bennett, who was acting as the agent for the defendant, for the purchase of a house and lot at the price of $3,050, $300 in cash and the balance in monthly installments of $30.00 each; that he had paid the $300 in cash to Bennett; that the defendant had repudiated the contract, and that Bennett had…
2Cited by1 opinion
- W. Hagenlocher & Co. v. WalkerSuperior Court of Pennsylvania · 1934