Abraham v. Worthington

Citations

• 43 Pa. Super. 450
• 1910 Pa. Super. LEXIS 72

Syllabus

<p>Principal and agent — Real estate agents — Commissions of rents collected — Contract—Affidavit of defense.</p> <p>In an action against real estate agents to recover rents collected by them after alleged revocation of the agency, where the statement of claim avers that the defendant’s full compensation was to be a commission of five per centum on all rents collected by them up tó such time as the plaintiffs might elect to terminate the agency, an affidavit of defense is sufficient which avers that defendants were to receive five per centum upon the rents during the entire period of the leases which they procured and that they were to advertise for tenants and that they did so with the consent and approbation of the plaintiffs, and that the amounts which they had received in commissions up to the date of attempted revocation was much less than the amount which they had expended in reasonable advertising and that in consequence of such expenditures a reasonable time for the existence of the employment had not elapsed on the date of the attempted revocation.</p>