DeArmit v. Milnor
Superior Court of Pennsylvania
Appeal, No. 43, April T., 1902, by defendants, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 606, on verdict for plaintiff in case of Julia A. DeArmit, Guardian of Sarah E. Rath, Deceased, v. Charles G. Milnor and Leonard A. Clark, trading as L. A. Clark & Company. Assumpsit to recover a share of rents.
Read the full summary
Appeal, No. 43, April T., 1902, by defendants, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 606, on verdict for plaintiff in case of Julia A. DeArmit, Guardian of Sarah E. Rath, Deceased, v. Charles G. Milnor and Leonard A. Clark, trading as L. A. Clark & Company. Assumpsit to recover a share of rents. Before McClung, J. At the trial it appeared that the defendants who were real estate agents set off a claim for commissions for the sale of the ward’s interest in land. The court charged in part as follows : [The plaintiff here was acting as guardian for a minor, and it…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff brought this action to recover the share of her ward out of rents which had been collected by the defendants, as agents managing certain real estate. The defendants sought to set off a claim for commissions alleged to have been earned *372by them through a sale of the interest of the ward in the land. The evidence with regard to the sale of the property failed to clearly establish the right of the defendants to a commission upon the ward’s share of the purchase money. Priscilla Rath, the ward, owned an undivided one-fourth part of the land. The owners of…
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 by4 opinions
- Henderson v. SonnebornSuperior Court of Pennsylvania · 1906
- Fulton v. WaltersSuperior Court of Pennsylvania · 1905
- Carter v. Artcraft Photo-Engraving Co., Pennsylvania Court of Common Pleas, Philadelphia County1951
- Lease v. ChristySuperior Court of Pennsylvania · 1905