Clark v. Hubbard

Citations

• 44 Pa. Super. 37
• 1910 Pa. Super. LEXIS 120

Syllabus

<p>Brokers — Real estate brokers — Commissions—Principal and agent— Fraud.</p> <p>1. A real estate broker who is the agent of both parties in an exchange of real estate, owes fidelity to both; and if he takes a note for commissions from one, concealing the essential fact that the property of the other is heavily mortgaged, and as a result the exchange fails, he cannot recover on the note.</p> <p>2. No broker, agent or middleman can recover for services which uncover double dealings, and a secret agreement with one of the principals, by whatever name the confidential relation is known. Perfect good faith must be shown to warrant recovery for such services.</p> <p>Trial — Witness—Subpoena—Testimony on previous trial.</p> <p>3. Where an unsuccessful attempt has been made to subpoena witnesses who had testified at a previous trial of the case, the testimony of such witnesses at the previous trial may be offered in evidence; and this is especially so where such witnesses had been cross-examined at length at the previous trial.</p>