Heffner v. Chambers
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 378 January Term 1887, Sup. Ct.; court below, No. 49' July Term 1884, C. P. On May 9,1884, an action was brought by Harman A. Chambers against Samuel Heffner to recover commissions claimed for services alleged to have been rendered in the sale of a tract of coal land for the defendant. The defendant pleaded, nonassumpsit, payment, payment with leave, etc.
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ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 378 January Term 1887, Sup. Ct.; court below, No. 49' July Term 1884, C. P. On May 9,1884, an action was brought by Harman A. Chambers against Samuel Heffner to recover commissions claimed for services alleged to have been rendered in the sale of a tract of coal land for the defendant. The defendant pleaded, nonassumpsit, payment, payment with leave, etc. At the trial on September 23, 1886, the facts appearing, so far as material, were, that on January 13, 1882, a contract was signed by the parties of the following form: Pottsville,…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This action was brought by Chambers, plaintiff below, to recover commissions on the price at which certain coal lands in the county of Schuylkill were sold by Heffner, the owner, to Hall, or through him to the P. & R. Coal & Iron Co. On January 13, 1882, Heffner executed and delivered to Chambers a writing authorizing him to sell the land at §200 per acre and agreeing to allow him a commission of 10 per cent on the price. In view of the fact that the efforts of Chambers might bring purchasers directly to the owner, Heffner agreed if a sale was made by him he…
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