Dixon & Co. v. Daub

Citations

• 17 Pa. Super. 168
• 1901 Pa. Super. LEXIS 271

Syllabus

<p>Practice, O. P. — Trial—Evidence—Province of court and jury.</p> <p>There is in every ease triable by jury a preliminary question of law for the court, whether or not there is any evidence from which the fact sought to be proved may be fairly inferred; if there is, that is sufficient to send the case to the jury, no matter how strong may be the proofs to the contrary. In deciding this preliminary question the court must of course take the evidence as true with every inference favorable to him who has the burden of proof which a jury may reasonably draw.</p> <p>In an action to recover commissions on the sale of real estate where the plaintiffs testify that they were employed by defendants to sell property at a certain commission, and that they signed the agreement of sale as agents of the defendant, the evidence is sufficient to submit the ease to the jury, although defendant denies that plaintiffs were his agents and avers that they were mere volunteers.</p>