Legal Opinion

McNelis v. Ellwanger

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 114Published

Appeal, No. 114, October T., 1918, by defendants, from judgment of Municipal Court of Philadelphia, April T., 1917, No. 278, on verdict for plaintiff in case of James A. McNelis v. Christian Ellwanger and Charles M. Lentz. Assumpsit to recover commissions on a sale of real estate. Before Crane, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $206.36. Defendant appealed.

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Appeal, No. 114, October T., 1918, by defendants, from judgment of Municipal Court of Philadelphia, April T., 1917, No. 278, on verdict for plaintiff in case of James A. McNelis v. Christian Ellwanger and Charles M. Lentz. Assumpsit to recover commissions on a sale of real estate. Before Crane, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $206.36. Defendant appealed. Error assigned, among others, was refusal of defendants motion for judgment n. o. v. Co., 353.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff is a duly licensed real estate broker and brings this action to recover commissions for Ms services as a broker in connection with a sale of real estate by the defendants to Morris L. Miller. He recovered a verdict and judgment in the court below and the defendants appeal. The only issue of fact involved at the trial was as to the employment of the plaintiff by the defendants. The evidence was altogether sufficient to warrant a finding that the efforts of the plaintiff were the direct, efficient and procuring cause of the opening of the negotiations, between…

2Cases cited1 opinion

  1. Commonwealth ex rel. Vanderpool v. TerrySuperior Court of Pennsylvania · 1899

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