Lowry v. Yutzy
Superior Court of Pennsylvania
Appeal, No. 108, April T., 1915, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1914, No. 14, on verdict for plaintiff in case of J. C. Lowry v. Austin Yutzy. Assumpsit to recover commissions for the sale of real estate. At the trial it appeared that the contract to pay commissions was in writing, but was unlimited as to time, and gave plaintiff no exclusive right to negotiate the sale.
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Appeal, No. 108, April T., 1915, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1914, No. 14, on verdict for plaintiff in case of J. C. Lowry v. Austin Yutzy. Assumpsit to recover commissions for the sale of real estate. At the trial it appeared that the contract to pay commissions was in writing, but was unlimited as to time, and gave plaintiff no exclusive right to negotiate the sale. The defendant testified that he had cancelled the contract before the plaintiff had done anything towards the sale of the property. The court charged in part as follows: [Now, gentlemen, two…
1Opinion of the Court
Opinion by
Head, J.,
In this' action the plaintiff sought to recover from the defendant for certain services alleged to have been rendered in connection with the sale of the defendant’s farm. It is not denied the defendant authorized the plaintiff to secure a purchaser for his farm for the price of $13,600.00 and agreed to pay for such services a sum equal to five per cent, of the selling price. This arrangement was evidenced by a writing not under seal and is not in any way the subject of dispute between the parties. Upon the trial the defendant took defense on three grounds. First, that the…
2Cases cited1 opinion
- Yedinskey v. StrouseSuperior Court of Pennsylvania · 1898