Linderman v. McKenna
Superior Court of Pennsylvania
Appeal, No. 108, April T., 1902; by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 848, on verdict for defendants in case of Charles B. Linderman v. Mary McKenna and Ann Eliza Pit-field. Assumpsit to recover commissions for the sale of real estate. Before Stowe, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
Read the full summary
Appeal, No. 108, April T., 1902; by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 848, on verdict for defendants in case of Charles B. Linderman v. Mary McKenna and Ann Eliza Pit-field. Assumpsit to recover commissions for the sale of real estate. Before Stowe, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff alleges in his statement of claim that he “ undertook to sell certain real estate belonging to the defendants for the sum of $60,000 and was to receive therefor the sum of $1,200 for his services,” and that, as an acknowledgment for services in procuring the purchasers for said property, the defendants promised in writing to pay said amount “ for his services in selling” the property. Payment of commissions was refused for the reason that, after the written promise to pay was made by the defendants, they discovered that the plaintiff was receiving or had…
2Cases cited4 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Wilkinson v. McCulloughSupreme Court of Pennsylvania · 1900
- Pratt v. Patterson's ExecutorsSupreme Court of Pennsylvania · 1886
- Singer v. M'CormickSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Marshall v. ReedSuperior Court of Pennsylvania · 1906
- Greenblatt v. FoxSuperior Court of Pennsylvania · 1915
- Lightcap v. NicolaSupreme Court of Pennsylvania · 1907
- Clark v. HubbardSuperior Court of Pennsylvania · 1910
- Fulton v. WaltersSuperior Court of Pennsylvania · 1905
3 more not listed; retrieve them via the Exa API.