Cooper v. Midland Metal Co.

Citations

• 56 Pa. Super. 485
• 1914 Pa. Super. LEXIS 108

Syllabus

<p>Contract — Commissions on sale — Affidavit of defense — Practice, C. P.</p> <p>1. An affidavit of defense is insufficient to prevent judgment which avers that defendant gave an estimate for certain work to plaintiffs for a certain sum net to defendant, but afterward agreed to allow plaintiffs a commission of any sum plaintiffs could get above that price from the principal to whom the work was to be furnished which commission was to be paid to plaintiffs in proportion as defendant received the money, and that defendant after performing the work was forced, with the knowledge and consent of the plaintiffs, to accept seventy-five per cent of the contract price, which seventy-five per cent did not net defendant the amount of the original estimate.</p> <p>2. In such a case the plaintiffs were not required to wait until the defendant had received payment of the entire contract price; they were entitled to be paid their proportion of any money which the defendants received upon the contract.</p>