Stevenson v. Bannan
Supreme Court of Pennsylvania
Jan. T., 1909, by plaintiff, from order of O. P. Schuylkill Co., March T., 1909, No. 197, discharging rule for judgment for want of a sufficient affidavit of defense in case of J. G. Stevenson v. Francis B. Bannan, Executor of John Bannan, deceased. Assumpsit on a written agreement. Rule for judgment for want of a sufficient affidavit of defense.
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Jan. T., 1909, by plaintiff, from order of O. P. Schuylkill Co., March T., 1909, No. 197, discharging rule for judgment for want of a sufficient affidavit of defense in case of J. G. Stevenson v. Francis B. Bannan, Executor of John Bannan, deceased. Assumpsit on a written agreement. Rule for judgment for want of a sufficient affidavit of defense. The facts appear in the following opinion by Shay, P. J.: This is an action founded on an agreement entered into between Francis B. Bannan, of the one part, and J. G. Stevenson; of the other. In his statement, the plaintiff, Stevenson, alleges that…
1Opinion of the Court
Per Curiam,
March 21, 1910:
The terms of the agreement on which the action is founded are not clear, but it appears from them 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. The order of the court discharging the plaintiff’s rule for judgment is affirmed for the reasons stated in the opinion of Judge Shay.
2Cited by2 opinions
- Lowenstein v. McPeakSuperior Court of Pennsylvania · 1911
- Stevenson v. BannanSupreme Court of Pennsylvania · 1912