Marshall v. Reed
Superior Court of Pennsylvania
Appeal, No. 95, April T., 1906, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., May T., 1904, No. 653, on verdict for defendant in case of James Marshall v. James H. Reed. Assumpsit to recover commission for the sale of real estate. Before Kennedy, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
It appears from those averments of the plaintiff’s statement of claim which were not denied by the affidavit of defense, that *61the defendant was trustee of the separate estate of Emma L. Marshall, wife of George Y. Marshall, and as such entered into an agreement in writing giving the plaintiff (who was a real estate agent) the option to purchase certain real estate therein described for $35,000; that contemporaneously with the execution of said paper, and as part of the same transaction and contract, Emma L. Marshall, who was acting for the defendant in making the…
2Cases cited9 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Wilkinson v. McCulloughSupreme Court of Pennsylvania · 1900
- Cannell v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Pennsylvania Railroad v. FlaniganSupreme Court of Pennsylvania · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Onorato v. Wissahickon Park, Inc.Supreme Court of Pennsylvania · 1968
- Sarshik v. FinkSupreme Court of Pennsylvania · 1927
- Claughton v. Bear Stearns & Co.Supreme Court of Pennsylvania · 1959
- Mitchell v. SchreinerSuperior Court of Pennsylvania · 1910
4 more not listed; retrieve them via the Exa API.