Herrington v. Guernsey
Supreme Court of Pennsylvania
Appeal, No. 440, Jan. T., 1896, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1892, No. 422, on verdict for plaintiff. Assumpsit to recover commissions omsales. Before Lynch, J., of tbe eleventh judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 440, Jan. T., 1896, by defendants, from judgment of C. P. Lackawanna Co., Jan. T., 1892, No. 422, on verdict for plaintiff. Assumpsit to recover commissions omsales. Before Lynch, J., of tbe eleventh judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. The court charged as follows : [The plaintiff in this case founds the principal part of his claim upon an agreement, which he alleges was entered into between him and the defendants in the summer of 1889; that he agreed with the defendants .to sell for them pianos and organs, that he was to…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
All the specifications of error relate to the charge, and the contention based upon them is that it was inadequate and misleading. In order to determine whether this contention is well founded we must consider in connection with the charge the issues of fact made by the conflicting claims, and the evidence submitted in support of and against them.
The plaintiff claimed that under an oral agreement with the defendants he sold for them, and at their risk, pianos and organs for a commission of fifteen per cent on his sales of pianos, and a commission of twenty per…
2Cited by5 opinions
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- Commonwealth v. GoldbergSuperior Court of Pennsylvania · 1897
- Weiss v. London Guarantee & Accident Co.Supreme Court of Pennsylvania · 1924
- Ransom v. PhiladelphiaSuperior Court of Pennsylvania · 1937
- Bertolet v. LanardSuperior Court of Pennsylvania · 1943