Sprague v. Reilly

Citations

• 34 Pa. Super. 332
• 1907 Pa. Super. LEXIS 135

Syllabus

<p>Beal estate brokers — Brokers—Principal and agent — Evidence—Statement of claim — Admission of record.</p> <p>In an action to recover commissions on sale or exchange of real estate, where the plaintiff describes himself in his statement of claim as “a dealer in real and personal property, and in the regular course of business,” made the sale or exchange in question, and it is admitted that plaintiff had not taken out a license as required by law, the statement of claim is admissible as evidence tending to show that the plaintiff is a real estate broker, and when the statement is supported by the evidence of two witnesses called by the defendant, it is error for the court to give binding instructions for plaintiff.</p> <p>Practice, C. P. — Repeated offers of testimony — Trial.</p> <p>In considering the propriety of a refusal to permit counsel to make a formal offer of testimony, because a similar offer had already been made and ruled, much must be left to the sound discretion of the judge.</p>