Heffner v. Chambers

Citations

• 121 Pa. 84
• 15 A. 492
• 1888 Pa. LEXIS 652

Syllabus

<p>1. Where a contract, giving authority to an agent to sell land for the' principal, provides that if the agent’s efforts bring a purchaser directly to the principal, the latter on a sale made by himself will allow the agent a stipulated commission, the agent becomes entitled to his commission upon proof that he drew the attention of a purchaser to the land and was the cause of his application to the owner.</p> <p>2. Though the answer to a point is not responsive thereto and is therefore erroneous, yet where there is nothing in the evidence to justify the submission of the facts assumed in the point, and the answer correctly states the rule as to the question actually raised by the evidence, the-plaintiff in error suffers no injury and cannot complain.</p> <p>3. It is the duty of a judge to instruct the jury upon every question of law involved in a case trying; yet he is not required to answer points raising questions in thesi merely, or which rest upon facts assumed or as to which there is no evidence sufficient for submission: per Mr. Justice Williams.</p>