Legal Opinion

Evans v. Rockett

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 69PublishedCited by 7 opinions

Appeal, No. 69, Oct. T., 1906, by defendant, from*judgment of C. P. No. 5, Phila. Co., Sept. T., 1902, No. 1,995, on verdict for plaintiff in case of D. Z. Evans, Jr., v. Thomas T. Rockett. Assumpsit to recover commissions for the sale of real estate.

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Appeal, No. 69, Oct. T., 1906, by defendant, from*judgment of C. P. No. 5, Phila. Co., Sept. T., 1902, No. 1,995, on verdict for plaintiff in case of D. Z. Evans, Jr., v. Thomas T. Rockett. Assumpsit to recover commissions for the sale of real estate. Ralson, J., charged as follows : [The plaintiff brings this action to recover a commission which he claims is due him on a sale of real estate- He tells you that he had an agreement with Mr. Rockett that he should receive from Mr. Rockett two per cent, upon the sale of this property; that he subsequently brought Mr. Rockett and Mr. Walker…

1Opinion of the Court

Opinion by

Rige, P. J.,

It is conceded that the defendant employed the plaintiff, a real estate broker, to procure a purchaser for certain real estate the defendant desired to sell and agreed to pay him a commission of two per cent, and that the plaintiff procured a purchaser, one Walker, to whom the defendant, after negotiations in which the plaintiff participated, deeded the property. On the trial of this action to recover the commission, the defendant claimed that the plaintiff agreed to wait therefor until the first of several notes given by Walker for the purchase money should be paid, and…

2Cases cited4 opinions

  1. Everhart v. SearleSupreme Court of Pennsylvania · 1872
  2. Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
  3. Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
  4. Marshall v. ReedSuperior Court of Pennsylvania · 1906

3Cited by7 opinions

  1. Onorato v. Wissahickon Park, Inc.Supreme Court of Pennsylvania · 1968
  2. Mitchell v. SchreinerSuperior Court of Pennsylvania · 1910
  3. Lightcap v. NicolaSupreme Court of Pennsylvania · 1907
  4. Lovett v. GoodmanSuperior Court of Pennsylvania · 1926
  5. Clark v. HubbardSuperior Court of Pennsylvania · 1910

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