Barrett v. King

Citations

• 64 Pa. Super. 601
• 1916 Pa. Super. LEXIS 344

Syllabus

<p>Contracts — Executors and administrators — Agreement to pay commissions on sale of real estate—Personal liability of administrator—Encumbrances—Proper purchaser.</p> <p>A contract to pay commissions on the sale of real estate, executed by an administrator, although not binding upon the estate, does bind the administrator personally; and if a co-heir of the administrator assents to the contract, he also is bound.</p> <p>A person who has contracted to pay commissions on the sale of real estate cannot object to such payment, on the ground that the purchaser offered was an unincorporated association, inasmuch as such an association may lawfully hold title to real property.</p> <p>Where, in such a ease, the real estate is encumbered by a widow’s dower and a mortgage, the broker who has secured a proper purchaser has earned his commissions, although the person with whom he contracted has been unable to procure a release or discharge of encumbrances.</p>