Stevenson v. Commonwealth Title Insurance & Trust Co.

Citations

• 245 Pa. 232
• 91 A. 232
• 1914 Pa. LEXIS 866

Syllabus

<p>Contracts — Nonexistence of contract.</p> <p>In an action to recover a sum alleged to be due on an express agreement, whereby plaintiff was to convey certain properties and mortgages to defendant, in consideration of which defendant was to pay all mortgage indebtedness on the premises and the cost of finishing and selling certain houses, and after reimbursing itself, to return all surplus to plaintiff, and to pay plaintiff a salary of $100 a week during the construction and sale, the court did not err in dismissing exceptions to the report of the referee and in entering judgment for .the defendant in accordance with the recommendation of the referee, where defendant denied the existence of the agreement upon which the action was brought, and where the referee found, upon competent evidence, that plaintiff had failed to establish that there was any such agreement.</p>