Cannell v. Smith

Citations

• 142 Pa. 25
• 21 A. 793
• 1891 Pa. LEXIS 699

Syllabus

<p>[To be reported.]</p> <p>1. When a real-estate broker, employed by the vendor to effect a sale, has-acted in the transaction as the agent of the purchaser, without the vendor’s knowledge, the latter may recover back from the broker a commission paid to him in ignorance of that fact, irrespective of the question, whether the sale was an advantageous one or not.</p> <p>2. The plaintiff having shown that the defendant had paid $2,600 to the purchaser, in settlement of a claim grounded upon the allegation that he was the purchaser’s agent, an offer by the defendant to show that he did not believe and had never admitted that he was morally or legally liable to the purchaser, was irrelevant and inadmissible.</p>