Kramer v. Winslow
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF JEFFERSON COUNTY. No. 51 October Term 1889, Sup. Ct.; court below, No. 96 February Term 1886, C. P. On January 7, 1886, George Kramer brought assumpsit against R. C. Winslow, to recover a balance alleged to be in the hands of the defendant as the agent of the plaintiff for the sale of certain lands. The defendant’s pleas were nonassumpsit, the statute of limitations, payment with leave and set-off.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF JEFFERSON COUNTY. No. 51 October Term 1889, Sup. Ct.; court below, No. 96 February Term 1886, C. P. On January 7, 1886, George Kramer brought assumpsit against R. C. Winslow, to recover a balance alleged to be in the hands of the defendant as the agent of the plaintiff for the sale of certain lands. The defendant’s pleas were nonassumpsit, the statute of limitations, payment with leave and set-off. At the trial on May 26,1887, the following facts were shown : In the year 1879, the plaintiff, the defendant, John Hastings and M. J. Dinsmore…
1Opinion of the Court
Opinion,
Mr. Justice Green:
It was entirely undisputed that Kramer and Winslow, with two others, were tenants in common of the land in question, each having a one fourth interest. It was established by the testimony of the defendant himself that'pi'i°r to the execution of the paper of January 24,1880, he had been negotiating with eastern parties for the sale of the land, and had actually made a contract with the Sandy Lick Gas Coal & Coke Company, or its representatives, for the sale of the property for a consideration named therein, which was known to him; that at the time he obtained the…
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