Luce v. Cook
Supreme Court of Pennsylvania
Oct. T., 1909, by plaintiffs, from judgment of C. P. Westmoreland Co., Nov. T„ 1907, No. 605, on verdict for defendant in case of William W.. Luce et al., trading under the firm name of W. W. Luce & Co., v. Joseph Cook. Assumpsit to recover $6,000 commissions fixed by special contract for the sale of certain coal lands.
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Oct. T., 1909, by plaintiffs, from judgment of C. P. Westmoreland Co., Nov. T„ 1907, No. 605, on verdict for defendant in case of William W.. Luce et al., trading under the firm name of W. W. Luce & Co., v. Joseph Cook. Assumpsit to recover $6,000 commissions fixed by special contract for the sale of certain coal lands. Before Doty, P. J. At the trial the court gave binding instructions for defendant on the ground that at the time the sale was made the plaintiffs had no license as real estate brokers. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was in giving…
1Opinion of the Court
*225Opinion by
Mr. Justice Moschzisker,
February 14, 1910:
The assignments of error raise this question: Can a real estate broker, regularly assessed a license tax, recover a commission fixed by specific contract, for the sale of land, when the sale takes place in June and the tax is not paid or the license issued until August of the same year?
Under the established rule in Pennsylvania, a real estate broker cannot have the aid of the courts to recover commissions which were earned before he had paid his tax and received a license; and the fact that he sues on a special contract will not help him.…
2Cases cited4 opinions
- Johnson v. HulingsSupreme Court of Pennsylvania · 1883
- Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co.Supreme Court of Pennsylvania · 1902
- Commonwealth v. Real Estate Trust Co.Supreme Court of Pennsylvania · 1905
- Chicago Building & Manufacturing Co. v. MytonSuperior Court of Pennsylvania · 1903
3Cited by27 opinions
- Verona v. Schenley Farms Co.Supreme Court of Pennsylvania · 1933
- Wise v. RadisCalifornia Court of Appeal · 1925
- F. F. Bollinger Co. v. Widmann Brewing Corp.Supreme Court of Pennsylvania · 1940
- Burns v. Gartzman Et Ux.Superior Court of Pennsylvania · 1939
- Meyer v. WiestSupreme Court of Pennsylvania · 1915
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