Young v. Dempsey
Superior Court of Pennsylvania
Appeal, No. 196, April T,, 1917, by plaintiff, from judgment for defendant n. o. v. in ease of E; C. Young v. Frank A. Dempsey. Assumpsit by real estate broker for commissions.
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Appeal, No. 196, April T,, 1917, by plaintiff, from judgment for defendant n. o. v. in ease of E; C. Young v. Frank A. Dempsey. Assumpsit by real estate broker for commissions. At tbe trial tbe jury returned a -verdict for plaintiff for $600. Subsequently the court entered judgment for defendant n. p. v., Evans, J., filing the following opinion: The plaintiff is .a real estate broker, and sometime during the year 1915 the defendant, Dempsey, placed, certain real estate owned by him in the .hands of the plaintiff for sale or exchange. Tbe plaintiff conducted negotiations w.ith-various people…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The opinion of the learned trial judge below in entering judgment in favor of the defendant non obstante veredicto, is a fair answer to the argument of the appellant in this case. The plaintiff’s connection with the transfer to Steele was too remote and speculative to warrant a verdict in his favor for a commission in that *538transaction. The burden was upon him to show, and he failed to sustain it, that his efforts were the immediate, efficient and procuring cause of the exchange-of the property.
As stated by our brother, Porter, J., in Barrow v. Newton, 48 Pa. Superior…
2Cases cited4 opinions
- Peters v. HolmesSuperior Court of Pennsylvania · 1911
- Barrow v. NewtonSuperior Court of Pennsylvania · 1911
- Griffith v. CowanSuperior Court of Pennsylvania · 1914
- Showaker v. KellySuperior Court of Pennsylvania · 1902
3Cited by1 opinion
- Jacobs v. McKelveySuperior Court of Pennsylvania · 1937