Covert v. McCarthy

Citations

• 65 Pa. Super. 548
• 1917 Pa. Super. LEXIS 40

Syllabus

<p>Brokers — Beal estate brokers — Commissions — Joint action against husband and wife.</p> <p>In an action against a husband and wife to recover commissions on the sale of real estate owned by the wife, there can be no recovery against the defendants jointly, where.it appears that the plaintiff dealt with the husband alone, that whatever the latter did with respect to the property was done for his wife, and not as the owner of the property, or as a principal in the transaction, and that all this was known to the plaintiff. ,</p> <p>Wherever the declaration on a contract charges two or more defendants jointly, there can be no recovery unless a joint liability is shown, and no such liability can be ghown if the contract is not joint but several.</p>