Central Turnverein v. Fitzpatrick

Citations

• 238 Pa. 532
• 86 A. 487
• 1913 Pa. LEXIS 1004

Syllabus

<p>Sales — Beal estate — Agent’s commissions — Dual agency — Inter-pleader.</p> <p>In an' action of interpleader to determine the right to a commission on the sale price of real estate offered by the owner to any one who would find a purchaser, where it appears that the first claimant, a licensed real. estate broker, • though the first of the claimants to bring the property in a general way to the attention of the vendee and the one through whom the transaction was finally closed, did not submit an offer and did not communicate with the vendors until after the vendee had entered into negotiations with the second claimant for the same property at the same price and did not disclose to the vendor the name of the vendee until after the offer was accepted, or disclose that the vendee might pay a higher price, and the evidence shows that the second claimant, as a representative of the vendor, was the first to cause the vendee to determine to purchase, that he obtained the first offer, and that negotiations were pending for the purchase of the property through him before the first claimant was called in directly to represent the vendee, the fund is properly awarded to the second claimant.</p>