Brodhead v. Pullman Ventilator Co.

Citations

• 29 Pa. Super. 19
• 1905 Pa. Super. LEXIS 261

Syllabus

<p>Principal and agent — Agent’s commissions — Bringing parties together.</p> <p>Where a corporation employed an agent to solicit orders for the company’s goods, and to further the company’s interests in exploiting its products for which services he was to receive a commission on all orders received through his efforts in exploiting the goods, the agent is entitled to his commissions where he secures a promise from an intending purchaser to consider a proposition from the company, notifies the company of this fact, and the order is subsequently secured without the agent’s further intervention, through the officers of the company. In an action for such commissions, where the agent has made out a prima facie case, it must be submitted to the jury, although there is evidence that another party than the plaintiff had previously called the company’s attention to the business.</p> <p>Principal and agent — Receipt—Evidence.</p> <p>In an action by an agent against his principal to recover commissions, a receipt signed by the agent will not estop him from recovery, where there ■ is no evidence whatever that the sum for which the suit was brought was due at the date of the receipt.</p> <p>Principal and agent — Commissions—Evidence.</p> <p>In an action by an agent against his principal to recover commissions on an order alleged to have been secured by him, where the plaintiff makes out a prima facie case, and the defendant introduces evidence tending to show that another agent had secured the order before the plaintiff, evidence .that such other agent had been paid for securing the order is immaterial, and may be rejected.</p>