Mitchell v. Schreiner
Superior Court of Pennsylvania
Appeal, No. 189, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1907, No. 322, on verdict for plaintiff in case of Charles G. Mitchell v. John C. Schreiner. Assumpsit-to recover commissions for-sale of real estate.
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Appeal, No. 189, April T., 1910, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1907, No. 322, on verdict for plaintiff in case of Charles G. Mitchell v. John C. Schreiner. Assumpsit-to recover commissions for-sale of real estate. Before Frazer, P. J. The court charged as follows: [The defense set up is twofold: first, that Mr. Mitchell was representing both Mr. Schreiner and Mr. Cullen, and if that is the case, Mr. Mitchell cannot recover, for where a broker represents two parties without disclosing the fact to his principals,' he cannot recover commissions from either…
1Opinion of the Court
Opinion bx
Rice, P. J.,
It is a rule of public policy, subject to such exception as we are about to notice, that an agent for the sale of property cannot at the same time act as agent for the purchaser thereof and become entitled to compensation from both vendor and purchaser or from either: Everhart v. Searle, 71 Pa. 256. Whilst this rule may be waived by an express agreement between the parties, yet it is well settled that such agreement cannot be inferred either from knowledge of the fact that the rule has been violated or from mere silence or failure to dissent at the time, or from all…
2Cases cited6 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Pennsylvania Railroad v. FlaniganSupreme Court of Pennsylvania · 1886
- Marshall v. ReedSuperior Court of Pennsylvania · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Sarshik v. FinkSupreme Court of Pennsylvania · 1927
- Raisch v. CookSupreme Court of Pennsylvania · 1932
- Shapiro v. StahlDistrict Court, M.D. Pennsylvania · 1961
- Fenner v. No. 90 Building & Loan Ass'nSuperior Court of Pennsylvania · 1941
4 more not listed; retrieve them via the Exa API.