Hopkins v. Everly
Supreme Court of Pennsylvania
Argued March 25,1892. Appeal, No. 122, Jan. T., 1892, from judgment of C. P. No. 1, Phila. Co., March T., 1889, No. 147, on verdict for plaintiffs, in assumpsit for damages for failure to give possession within the period limited by the contract of sale of real estate. The facts appear by the opinion.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The substance of this case lies in a very narrow compass. The appellant as agent for a disclosed principal sold to plaintiffs a house, with an agreement that possession should be given within ninety days. This latter agreement was in excess of his authority, and if his principal had refused to be bound by it, the agent would have been personally liable to the plaintiffs for any resulting damages: Kroeger v. Pitcairn, 101 Pa. 311. But appellant’s principal instead of repudiating the agreement, first offered fairly to rescind if plaintiffs desired, and then…
2Cases cited1 opinion
- Kroeger v. PitcairnSupreme Court of Pennsylvania · 1882
3Cited by8 opinions
- Kribbs v. JACKSONSupreme Court of Pennsylvania · 1957
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Harper & Brother Co. v. JacksonSupreme Court of Pennsylvania · 1913
- Henry W. Savage, Inc. v. FriedbergMassachusetts Supreme Judicial Court · 1948
- Lukens v. CrozierSuperior Court of Pennsylvania · 1924
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