Fenn v. Dickey
Supreme Court of Pennsylvania
Appeal, No. 67, Oct. T., 1896, by defendants, from judgment of C. P. Jefferson County, Sept. Term, 1892, No. 251, on verdict for plaintiff. Assumpsit upon a contract to recover commissions for the sale of land. Before McClttbe, P. J., of the 17th judicial district, specially presiding. The facts appear by the charge of' the court below, and the opinion of the Supreme Court. At the trial Mr. A. B. McLain was called on behalf of the plaintiff and duly sworn.
Read the full summary
Appeal, No. 67, Oct. T., 1896, by defendants, from judgment of C. P. Jefferson County, Sept. Term, 1892, No. 251, on verdict for plaintiff. Assumpsit upon a contract to recover commissions for the sale of land. Before McClttbe, P. J., of the 17th judicial district, specially presiding. The facts appear by the charge of' the court below, and the opinion of the Supreme Court. At the trial Mr. A. B. McLain was called on behalf of the plaintiff and duly sworn. Direct examination by Mr. McCarrell. “Q. State whether or not you met those three persons, Messrs. Dickey, Darrah and Fenn, together, at…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Notwithstanding the number and the elaboration of the assignments of error, there is little in this case but questions of fact which the jury have settled.
The stress of the argument was put on the absence of sufficient evidence of a joint contract by all the parties defendant, and especially by Kreitler, as to whom it was admitted that he *270was not in the original agreement, and must have become party, if at all, by ratification.
No just complaint can be made of the charge of the learned judge on this subject, as he several times, in the most explicit and forcible…
2Cited by5 opinions
- Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
- Bossart v. Erie Coal Mining Co.Supreme Court of Pennsylvania · 1923
- Barrett v. KingSuperior Court of Pennsylvania · 1916
- Fenn v. McCarrellSupreme Court of Pennsylvania · 1904
- Lipper v. TubisSupreme Court of Pennsylvania · 1966