Gardiner v. D. P. S. Nichols Co.
Superior Court of Pennsylvania
Appeal, No. 165, Oct. T., 1911, by defendant, from order of C. P. No. 3, Phila. Co., March Term, 1911, No. 4,177, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Gardiner v. D. P. S. Nichols Company, Incorporated. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 165, Oct. T., 1911, by defendant, from order of C. P. No. 3, Phila. Co., March Term, 1911, No. 4,177, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Gardiner v. D. P. S. Nichols Company, Incorporated. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. Agents are always personally liable to injured third parties for fraudulent or malicious acts done in…
1Opinion of the Court
Opinion by
Head, J.,
The defendant, an incorporated company, was engaged, *512as its affidavit states, in the auction business. The plaintiff sent to it a horse which he owned with direction to sell it at public auction on a certain date. The compensation in full of the defendant for any expense incurred by it and its services as well was to be ten per cent of the selling price. The horse was sold for the sum of $195.50, which was paid by the purchaser of the horse and received by the defendant. After deducting therefrom the amount of its commission agreed on, viz., $19.50, there remained in its…
2Cases cited6 opinions
- Son v. GorsuchSupreme Court of Pennsylvania · 1893
- Freyman v. KnechtSupreme Court of Pennsylvania · 1875
- Mange-Wiener Co. v. Patton Worsham Drug Co.Superior Court of Pennsylvania · 1905
- Kurzawski v. SchneiderSupreme Court of Pennsylvania · 1897
- Murphy v. LoschSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Sandy Sommerville, Trading and Doing Business Under the Name and Style, New Wilmington Livestock AuctionCourt of Appeals for the Third Circuit · 1964
- United States v. SommervilleDistrict Court, W.D. Pennsylvania · 1962
- W. J. Gilmore Drug Co. v. GoldsmithSuperior Court of Pennsylvania · 1922
- Villar v. CoupeSuperior Court of Pennsylvania · 1916
- Hayes v. D. P. S. Nichols Co.Superior Court of Pennsylvania · 1916
1 more not listed; retrieve them via the Exa API.