Arthur v. Sylvester
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1884, No. 33. Trover, by Rebecca J. Arthur et al., administrators of Charles J. Arthur, deceased, against Frederick Sylvester and Charles Sylvester, trading as F. Sylvester & Brother, for a deed and plan of real estate.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1884, No. 33. Trover, by Rebecca J. Arthur et al., administrators of Charles J. Arthur, deceased, against Frederick Sylvester and Charles Sylvester, trading as F. Sylvester & Brother, for a deed and plan of real estate. On the trial, before Ltjdlow, P. J., the following facts were admitted or undisputed: The plaintiffs as administrators of Charles J. Arthur, deceased, placed in the hands of the defendants, who were real estate brokers, a deed and plan of real estate belonging to said decedent, for the purpose…
1Opinion of the CourtJustice Trunkey
Upon the admitted facts: “1. That defendants were real estate brokers for plaintiffs ; 2. That a sum was due them for cash expended as brokers in attempts to sell property; 3. That defendants had possession of deed and plan in suit, and refused to deliver them to plaintiffs without payment of claim; ” two points of law were reserved: “1. Whether defendants had alien on this deed and plan for their charges; 2. Whether the defendants have a right in this action to defalk from plaintiffs’ damages the amount of their charges.”
No evidence was adduced that by custom or usage a real estate broker is…
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