Legal Opinion

Wilkinson v. McCullough

Supreme Court of Pennsylvania

Decided May 30, 1900No. Appeal, No. 85PublishedCited by 24 opinions

Appeal, No. 85, Oct. T., 1899, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1897, No. 689, on verdict for plaintiff, in case of James W. Wilkinson v. Louisa C. McCullough. Assumpsit by real estate broker for commissions. The facts appear by the opinion of the Supreme Court. The court refused to give binding instructions for defendant and submitted the case to the jury. Verdict and judgment for plaintiff for $1,094. Defendant appealed.

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Appeal, No. 85, Oct. T., 1899, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1897, No. 689, on verdict for plaintiff, in case of James W. Wilkinson v. Louisa C. McCullough. Assumpsit by real estate broker for commissions. The facts appear by the opinion of the Supreme Court. The court refused to give binding instructions for defendant and submitted the case to the jury. Verdict and judgment for plaintiff for $1,094. Defendant appealed. Error assigned was in refusing to give binding instructions for defendant. The relation existing between a real estate agent and his…

1Opinion of the Court

Per Curiam,

This action of assumpsit was brought to recover commissions on a sale alleged to have been made by the plaintiff of real estate belonging to the defendant.

On the trial the court was requested to instruct the jury, inter alia, '• That under all the evidence their verdict should be for the defendant.” This instruction was refused and the case was submitted to the jury mainly on the proposition contended for by the plaintiff, that acting as defendant’s agent for the sale of the property in question, he had procured and presented to her a purchaser who was able, ready and willing to…

2Cases cited7 opinions

  1. Everhart v. SearleSupreme Court of Pennsylvania · 1872
  2. Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
  3. Cannell v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1891
  4. Pratt v. Patterson's ExecutorsSupreme Court of Pennsylvania · 1886
  5. Rich v. Black & BairdSupreme Court of Pennsylvania · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Kribbs v. JACKSONSupreme Court of Pennsylvania · 1957
  2. Allegheny By-Product Coke Co. v. J. H. Hillman & Sons Co.Supreme Court of Pennsylvania · 1922
  3. Schaeffer v. JonesSupreme Court of Pennsylvania · 1928
  4. Skinner Manufacturing Co. v. DouvilleSupreme Court of Florida · 1909
  5. Larson v. ThomaSupreme Court of Iowa · 1909

19 more not listed; retrieve them via the Exa API.

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