Fenn v. Dickey

Citations

• 178 Pa. 258
• 35 A. 1108
• 1896 Pa. LEXIS 1161

Syllabus

<p>Contract — Broker—Commissions for sale of land — Evidence—Question for jury.</p> <p>In an action to recover commissions for securing a purchaser for land, the evidence for the plaintiff, although contradicted, tended to show that he made a contract with two of the owners to receive commissions if lie sold the land at a certain price; that this contract was communicated to the other owners, and assented to by them; that he subsequently procured a purchaser who was able, ready and willing to pay the price which the owners asked for the land; and who entered into a contract with the owners to pay the price, but that the sale fell through and the contract was rescinded because a good title could not be made. Held, that the plaintiff had made out a prima facie case which could not have been kept from the jury, no matter how strong the opposing evidence.</p> <p>Contract — Commissions for sale of land — Ratification—Question for jury.</p> <p>In an action to recover commissions for selling laud it appeared that the plaintiff entered into a contract with the owners of the land by which ho was to receive certain commissions for the sale'of the land. After this contract was made K. acquired an interest in the land. Subsequently K. with the other owners entered into a written contract to sell the land to a purchaser whom the plaintiff had procured. Just before the settlement with the purchaser was to be made, K., according to plaintiff’s testimony, said to plaintiff that they were all obliged to him for selling the land. One of the other owners said to plaintiff, “ I presume you want your money,” and K. said, “We will be ready for you shortly.” Held, that the evidence of K.’s ratification of plaintiff’s contract was sufficient to take the case to the jury as to K. with the others.</p>