Stevenson v. Bannan
Supreme Court of Pennsylvania
Appeal No. 17, Jan. T., 1912, by defendant from judgment of C. P. Schuylkill Co., March T., 1909, No. 197, on verdict for plaintiff in case of J. G. Stevenson v. Francis B. Bannan, Executors of the Estate of John Bannan, deceased. Assumpsit by a real estate broker to recover commissions. The opinion of the Supreme Court states the case.
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Appeal No. 17, Jan. T., 1912, by defendant from judgment of C. P. Schuylkill Co., March T., 1909, No. 197, on verdict for plaintiff in case of J. G. Stevenson v. Francis B. Bannan, Executors of the Estate of John Bannan, deceased. Assumpsit by a real estate broker to recover commissions. The opinion of the Supreme Court states the case. Defendant presented the following points: “1. That the plaintiff failed to prove that he had procured a purchaser who stood ready, able and willing to buy the property concerned in this suit, in order that the partition proceedings might be carried to their…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
When this case was here before on an appeal from *514an order discharging the rule for judgment for want of a sufficient affidavit of defense, it was decided “that it was the intention of the parties that the plaintiff should procure a buyer, not that he should be paid a commission in any event:” Stevenson v. Bannan, 227 Pa. 498. The order discharging the rule for judgment was affirmed here for the reasons stated in the opinion of the learned court below. One of the reasons then stated by the court below for refusing judgment, was: “We do not construe this agreement to…
2Cases cited2 opinions
- Kifer v. YoderSupreme Court of Pennsylvania · 1901
- Stevenson v. BannanSupreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Dixon v. Andrew Tile & Manufacturing Corp.Superior Court of Pennsylvania · 1976