Kelly v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 134, Oct. T., 1895, by defendants, from judgment of C. P. Butler Co., Dec. T., 1894, No. 59, on verdict for plaintiff. Assumpsit to recover commissions for sale of oil property. Before Greer, P. J. At the trial it appeared that plaintiff, a member of the bar, requested from defendants the privilege of offering for sale tbeir oil and gas property.
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Appeal, No. 134, Oct. T., 1895, by defendants, from judgment of C. P. Butler Co., Dec. T., 1894, No. 59, on verdict for plaintiff. Assumpsit to recover commissions for sale of oil property. Before Greer, P. J. At the trial it appeared that plaintiff, a member of the bar, requested from defendants the privilege of offering for sale tbeir oil and gas property. Defendants agreed to permit him to sell it, and the price was fixed at $70,000. Plaintiff was to receive $3,000 if he effected the sale. Subsequently at plaintiff’s request the property was reduced first to $60,000, and then to $55,000.…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff was authorized by the defendant, to sell for $70,000 an oil producing property on which there were a number of wells completed and one partly drilled. Upon his representation that the price was too high it was afterward reduced to $60,000, then to $55,000, and finally to $52,500. The last reduction was made about one month after the plaintiff’s employment, with the understanding that unless the property was sold that day it would be withdrawn and his agency ended. He did not succeed in obtaining a higher offer than $47,500. This was declined by the…
2Cases cited2 opinions
- Vincent v. Woodland Oil Co.Supreme Court of Pennsylvania · 1895
- Jaekel v. CaldwellSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Bossart v. Erie Coal Mining Co.Supreme Court of Pennsylvania · 1923
- Black v. PentonySuperior Court of Pennsylvania · 1906
- Havens v. IrvineWyoming Supreme Court · 1945
- Lipper v. TubisSupreme Court of Pennsylvania · 1966