Legal Opinion

Potts v. Aechternacht

Supreme Court of Pennsylvania

Decided February 5, 1880PublishedCited by 1 opinion

Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of .January Term 1878, No. 212. Assumpsit by Henry A. Aeehternacht against George C. Potts to recover commissions for the sale of a colliery. The defendant pleaded the general issue. (The case originated in the old Supreme Court at Nisi Prius, and was transferred to Common Pleas, No. 3.) The defendant owned a colliery in Schuylkill county, which was for sale.

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Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of .January Term 1878, No. 212. Assumpsit by Henry A. Aeehternacht against George C. Potts to recover commissions for the sale of a colliery. The defendant pleaded the general issue. (The case originated in the old Supreme Court at Nisi Prius, and was transferred to Common Pleas, No. 3.) The defendant owned a colliery in Schuylkill county, which was for sale. The plaintiff met him in the streets of Pottsville in October 1868, and Aeehternacht alleged then employed him to sell the colliery. No arrangement was made as to…

1Opinion of the CourtJustice Paxson

This was a suit to recover commissions upon the sale of a colliery in Schuylkill county. Upon the trial in the court below, the plaintiff disclaimed any claim for compensation in effecting the sale other than the ordinary commissions for the sale of a colliery, and so interpreted his bill of particulars.

If the plaintiff is entitled to recover anything under the evidence, which is by no means clear, it is manifest he is not entitled to the ordinary, that is, the customary rate of commissions, for the reason that there was no evidence of the existence of a fixed customary rate in Schuylkill…

2Cases cited1 opinion

  1. Dean v. SwoopSupreme Court of Pennsylvania · 1809

3Cited by1 opinion

  1. Marshall v. ReedSuperior Court of Pennsylvania · 1906

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