Cain v. Werner
Superior Court of Pennsylvania
Appeal, No. 75, April T., 1917, by defendant, from judgment of C. P. Allegheny Co., July T., 1914, No. 1882, on verdict for plaintiff in case of M. B. Cain v. John C. Werner. Assumpsit to recover commissions for the sale of real estate.
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Appeal, No. 75, April T., 1917, by defendant, from judgment of C. P. Allegheny Co., July T., 1914, No. 1882, on verdict for plaintiff in case of M. B. Cain v. John C. Werner. Assumpsit to recover commissions for the sale of real estate. Before Swearingen, J. At the trial it appeared that the defendant employed the plaintiff to sell property for him, and it was agreed that plaintiff should receive a commission of five per cent., and the price fixed for the property was $27,000. Plaintiff brought to the attention of Fred. Vogel the property in question, and according to the plaintiff’s…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The oral testimony in this case was so conflicting that it was necessarily a question for the jury. The court properly refused defendant’s points and submitted the disputed facts to the jury in a fair and adequate charge. The motion for judgment non obstante veredicto was rightly refused, for the reason that binding instructions could not be given: Dalmas v. Kemble, 215 Pa. 410; Schwarz v. Glenn, 244 Pa. 519.
When an owner of real estate sets machinery in motion to induce a sale of the real estate through the agency of a broker and a sale results through the broker’s…
2Cases cited4 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Warne v. JohnstonSuperior Court of Pennsylvania · 1911
- Peters v. HolmesSuperior Court of Pennsylvania · 1911
- Schwarz v. GlennSupreme Court of Pennsylvania · 1914
3Cited by4 opinions
- Wilson v. FranklinSupreme Court of Pennsylvania · 1924
- Sowney v. BairSupreme Court of Pennsylvania · 1921
- Girsh v. RollandSupreme Court of Pennsylvania · 1925
- Keel v. SchadewaldSuperior Court of Pennsylvania · 1923