Benezet v. Hess
Superior Court of Pennsylvania
Appeal, No. 251, Oct. T., 1915, by plaintiff, from order of C. P. No. 4, Philadelphia Co., June T., 1913, No. 3636, refusing to take off nonsuit, in case of Walter L. Benezet v. Alice Hess and Edward H Hess, surviving executors of the last will and testatment of David M. Hess, deceased. Assumpsit to recover compensation for effecting the exchange of real estate.
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Appeal, No. 251, Oct. T., 1915, by plaintiff, from order of C. P. No. 4, Philadelphia Co., June T., 1913, No. 3636, refusing to take off nonsuit, in case of Walter L. Benezet v. Alice Hess and Edward H Hess, surviving executors of the last will and testatment of David M. Hess, deceased. Assumpsit to recover compensation for effecting the exchange of real estate. Atjdenried, P. J., found the facts to be as follows: This action was brought against the surviving executors of David M. Hess for the recovery of a sum of money which the plaintiff: alleges was promised him by the defendants as…
1Opinion of the Court
Opinion by
Trexler, J.,
In Morley v. Carson, 240 Pa. 546, in an action by real estate brokers against coexecutors for commissions for obtaining the sale of real estate belonging to the estate and held by the executors as trustees, binding instructions were given for defendants because it appeared that not all of the executors had cooperated with or authorized the bargain for the sale of the property or had entered into the negotiations concerning its sale or had ratified the contract with the plaintiffs.
In the case before us it appears that the defendants were not merely executors engaged in…
2Cases cited2 opinions
- De Haven v. WilliamsSupreme Court of Pennsylvania · 1876
- Morley v. CarsonSupreme Court of Pennsylvania · 1913
3Cited by5 opinions
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- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
- Foulke's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
- In Re: Estate of Moskowitz, L.Superior Court of Pennsylvania · 2015
- Klein's EstatePennsylvania Orphans' Court, Berks County · 1934