Legal Opinion

Gross v. Kincaid

Superior Court of Pennsylvania

Decided April 24, 1924No. Appeal, 109PublishedCited by 11 opinions

Appeal, No. 109, April T., 1924, by defendant, from judgment of C. P. Lawrence Co., March T., 1921, No. 57, on verdict for plaintiff in the case of John H. Gross, Jr., v. Mifflin S. Kincaid. Assumpsit to recover commissions alleged to have been earned in the sale of real estate. Before Embry, P. J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the plaintiff in the amount of $1,760.75, and judgment entered thereon.

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Appeal, No. 109, April T., 1924, by defendant, from judgment of C. P. Lawrence Co., March T., 1921, No. 57, on verdict for plaintiff in the case of John H. Gross, Jr., v. Mifflin S. Kincaid. Assumpsit to recover commissions alleged to have been earned in the sale of real estate. Before Embry, P. J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the plaintiff in the amount of $1,760.75, and judgment entered thereon. Defendant appealed. Error assigned was, among others, the refusal to give binding instructions for the defendant.

1Opinion of the Court

Opinion by

Gawthrop, J.,

This is an action of assumpsit to recover commissions for procuring a purchaser of certain real estate of defendant. From the judgment entered on a verdict for plaintiff comes this appeal. The view we entertain of the case makes it necessary to consider only the assignments based upon the refusal of the court below to give binding instructions for defendant. The facts material for our consideration are as follows: Defendant, being the owner of a lot of land, with a two-story brick garage erected thereon, in the City of New Castle, leased the same to three persons…

2Cases cited4 opinions

  1. Campbell v. Foster Home Ass'nSupreme Court of Pennsylvania · 1894
  2. Califf v. First National BankSuperior Court of Pennsylvania · 1908
  3. Union Trust Co. v. MeansSupreme Court of Pennsylvania · 1902
  4. MacDonald v. O'NeilSuperior Court of Pennsylvania · 1902

3Cited by11 opinions

  1. Mott v. KaldesSupreme Court of Pennsylvania · 1926
  2. Culbertson v. CookSupreme Court of Pennsylvania · 1932
  3. Schenker v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1940
  4. Kelly, Murray, Inc. v. Lansdowne Bank & Trust Co.Supreme Court of Pennsylvania · 1930
  5. Zellner v. MurdochSupreme Court of Pennsylvania · 1929

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