Rice v. Davis
Pennsylvania Court of Common Pleas, Luzerne County
No. 235 January Term 1890, Sup. Ct.; court below, No. 118 March Term 1886, C. P. On February 23, 1886, Dr. J. N. Rice brought assumpsit against John R. Davis. Issue.
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No. 235 January Term 1890, Sup. Ct.; court below, No. 118 March Term 1886, C. P. On February 23, 1886, Dr. J. N. Rice brought assumpsit against John R. Davis. Issue. At the trial on December 5, 1889, the plaintiff adduced evidence to the effect that he was employed by the defendant to sell for him his interest, to wit, forty shares of the capital of the Clear Spring Coal Company; that, if he .sold the shares for $45,000, he was to be paid well for his services, and that he had made sale of said shares to DeWitt and Cake for the sum stated. The substance of the defendant’s evidence was that,…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
In reaching the conclusion embodied in their verdict, the jury must have found as a fact that plaintiff was employed by defendant to sell his stock in the Clear Spring Coal Company, and that he succeeded in doing so. If there was nothing else in the case, the judgment should be affirmed; but it was *441clearly shown by plaintiff’s own evidence that he received from the purchasers, for his services in the matter, four shares of the stock, worth about $4,500.
In view of that evidence, the defendant requested the court to charge that, “ under the testimony of the…
2Cases cited2 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Pennsylvania Railroad v. FlaniganSupreme Court of Pennsylvania · 1886
3Cited by32 opinions
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Glenn v. RiceCalifornia Supreme Court · 1917
- Onorato v. Wissahickon Park, Inc.Supreme Court of Pennsylvania · 1968
- Wilkinson v. McCulloughSupreme Court of Pennsylvania · 1900
- Rosenberg v. LawrenceCalifornia Supreme Court · 1938
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