Kessler v. Africa
Superior Court of Pennsylvania
Appeal, No. 9, Oct. T., 1916, by defendant, from judgment of O. P. Huntingdon Co., May T., 1913, No. 35, on verdict for plaintiff in case of T. M. Kessler v. J. Murray Africa. Assumpsit for services. Before Woods, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 9, Oct. T., 1916, by defendant, from judgment of O. P. Huntingdon Co., May T., 1913, No. 35, on verdict for plaintiff in case of T. M. Kessler v. J. Murray Africa. Assumpsit for services. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. The trial judge charged in part as follows: [“Now, Gentlemen of the jury, if Mr. Africa employed Mr. Kessler, the plaintiff, to do this work, without revealing to him that he was acting for, or as agent for another company, and notified the plaintiff that he was to look to him for his pay; if, I say, Mr. Africa failed…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action to recover for services alleged to have been rendered the defendant, in and about the option and purchase of certain real estate. The de*205fendant produced evidence which would have warranted a finding that in employing the plaintiff he acted as the' agent of a disclosed principal, the State Realty Company, a corporation, and within the scope of the authority delegated to him by that corporation. The learned judge of the court below charged the jury that, in order to escape personal liability, the burden was upon the defendant to show that…
2Cases cited1 opinion
- Quigley v. DeHaasSupreme Court of Pennsylvania · 1876
3Cited by4 opinions
- Levy v. ConlySupreme Court of Pennsylvania · 1940
- Marano v. GranataSuperior Court of Pennsylvania · 1941
- Merit Motors, Inc. v. BartholomewSuperior Court of Pennsylvania · 1955
- Joseph Schlitz Brewing Co. v. StephensSuperior Court of Pennsylvania · 1917