Legal Opinion

Warnock v. Philadelphia Trust Co.

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 64PublishedCited by 3 opinions

Appeal, No. 64, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., June T., 1916, No. 191, for defendant n. o. v., in case of A. DeGrauw Warnock and George W. Emlen, Jr., Copartners, trading as Warnock & Emlen, v. Philadelphia Trust Company, Guardian of the Estate of John J. Thompson, an insane person. Assumpsit to recover commissions on the sale of real estate. Before Bonniwell, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 64, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., June T., 1916, No. 191, for defendant n. o. v., in case of A. DeGrauw Warnock and George W. Emlen, Jr., Copartners, trading as Warnock & Emlen, v. Philadelphia Trust Company, Guardian of the Estate of John J. Thompson, an insane person. Assumpsit to recover commissions on the sale of real estate. Before Bonniwell, J. The facts are stated in the opinion of the Superior Court. Error assigned was in granting defendant’s motion for judgment n. o. v. Neither the contract of employment nor the execution…

1Opinion of the Court

Opinion by

Orlady, P. J.,

In 1914 John J. Thompson was the owner of seventeen twenty-fourths, and controlled the remaining seven twenty-fourths of a property adjoining Fairmount Park, Philadelphia, which he desired to sell. To effect that he employed the plaintiffs to procure a purchaser of a part or all of his said real estate, which was known as “Sugar Loaf,” and contained about twenty-three acres. The plaintiffs were duly licensed real estate brokers, and-pursuant to the authority so- given they had the tract surveyed, for which they paid $200 to the city, and subsequently the defendant…

2Cases cited9 opinions

  1. Keys v. JohnsonSupreme Court of Pennsylvania · 1871
  2. Insurance Co. v. StinsonSupreme Court of the United States · 1881
  3. Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
  4. Spalding v. EwingSupreme Court of Pennsylvania · 1892
  5. Ormerod v. DearmanSupreme Court of Pennsylvania · 1882

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3Cited by3 opinions

  1. Abrahams v. Epstein, Pennsylvania Court of Common Pleas, Montgomery County1949
  2. Kraus v. Naumburg, Pennsylvania Court of Common Pleas, Bucks County1964
  3. O'Hara v. J. W. Rex Co., Pennsylvania Court of Common Pleas, Montgomery County1958

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