Seabury v. Fidelity Insurance Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 90, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Pliila. Co., Dec. T., 1899, No. 473, refusing to take off nonsuit in case of James M. Sea-bury v. Fidelity Insurance Trust & Safe Deposit Company et al., Executors of Andrew M. Moore, Deceased. Assumpsit to recover commissions for selling real estate. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 90, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 1, Pliila. Co., Dec. T., 1899, No. 473, refusing to take off nonsuit in case of James M. Sea-bury v. Fidelity Insurance Trust & Safe Deposit Company et al., Executors of Andrew M. Moore, Deceased. Assumpsit to recover commissions for selling real estate. The facts are stated in the opinion of the Supreme Court. Errors assigned were (1, 2) refusal to admit in evidence records of the orphans’ court and the Supreme Court, showing decrees of specific performance against the defendants, and in favor of John J. McDevitt; (4)…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
Andrew M. Moore owned the Girard House, corner of Chestnut and Ninth streets, Philadelphia. On May 19, 1896, he employed James M. Seabury by the following written contract to sell it:
Philadelphia, May 19, 1896.
“ In the event of the sale of the property N. E. corner Chestnut Street and.Ninth Street, I promise to pay to James M. Sea-bury a commission of one per cent, on the amount of one million, four hundred thousand dollars ($1,400,000). I also promise to pay, in addition to the above, to J ames M. Seabury all the amount in excess of one million, four hundred…
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