Everhart v. Searle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: No. '818, to January Term 1872. This was an action of assumpsit, commenced May 25th 1870, by James Searle against John T. Everhart.
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Error to the Court of Common Pleas of Luzerne county: No. '818, to January Term 1872. This was an action of assumpsit, commenced May 25th 1870, by James Searle against John T. Everhart. On the trial, January 9th 1872, before Harding, P. J., the plaintiff gave in evidence the following paper:— “Pittston, Pa., January 15th 1870: “ I hereby agree to give James Searle, of Pittston, Pennsylvania, in compensation for services rendered in procuring the sale of certain real estate in said Pittston, Luzerne county, all he can obtain for the said real estate, over and above $125 per acre. The said real…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
The case before us is rather novel. It involves a question whether the same person may be an agent in a private transaction for both parties, without the consent of both, so as to entitle him to compensation from both or either. We have the authority of Holy Writ for saying that “ no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.” All human experience sanctions the undoubted truth and purity of this philosophy, and it is received as a cardinal…
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