Finch v. Conrade's
Supreme Court of Pennsylvania
Appeal, No. 227, Jan. T., 1893, by plaintiff, George W. Finch, from judgment of C. P. No. 2, Phila. Co., Sept., T., 1890, No. 687, refusing to take off nonsuit in action against Thos. A. Redding, David Conrade’s executor. Assumpsit for commissions for sale of real estate. At the trial, before Hare, P. J., the evidence was to the effect that David Conrade, defendant’s testator, had employed plaintiff to sell a certain quarry property.
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Appeal, No. 227, Jan. T., 1893, by plaintiff, George W. Finch, from judgment of C. P. No. 2, Phila. Co., Sept., T., 1890, No. 687, refusing to take off nonsuit in action against Thos. A. Redding, David Conrade’s executor. Assumpsit for commissions for sale of real estate. At the trial, before Hare, P. J., the evidence was to the effect that David Conrade, defendant’s testator, had employed plaintiff to sell a certain quarry property. He told plaintiff the property ought to bring $20,000, but he could take $16,000 for it. He also instructed him as to the terms of the payment, and agreed to pay…
1Opinion of the Court
Opinion by
Mb,. Chiee Justice Stebbett,
This case hinges on the single question whether the court below erred in refusing to take off the judgment of nonsuit.
As a principle of practice, it is well settled that such refusal is tantamount to a judgment for defendant on demurrer to plaintiff’s evidence, except that, in case of reversal, instead of entering judgment for plaintiff here, the record must be remitted with a procedendo. But that does not affect the principle resulting from the motion for nonsuit, viz.: that, in testing the correctness of the court’s refusal to take off the nonsuit, the…
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