Perry v. Spellman

Harvey, J.,

Plaintiff brought suit in assumpsit claiming a broker’s commission by virtue *673of an oral agreement made with defendant, Charles Spellman. The first count of the complaint claimed a commission due for procuring a purchaser for the business, Chester County Fuel and Supply, Inc., and the second count, a commission due for procuring the same individual as tenant for land upon which that business was located. The case was pleaded and tried on the theory that the individual defendants were owners of the business, Chester County Fuel and Supply, Inc., without regard to the fact that the…