Gibbons v. Monongahela River Consolidated Coal & Coke Co.

Citations

• 68 Pa. Super. 232
• 1917 Pa. Super. LEXIS 102

Syllabus

<p>Brokers — Commissioners—Agency—Case for jury.</p> <p>In an action to recover commissions on the sale of a steamboat, an implied obligation to pay a commission is established by proof that plaintiff, telegraphed to defendants, stating desire to purchase a steamboat of given dimensions, asking them if they had anything to offer, and stating that their commission will be five per cent, on the purchase-price; that defendants telegraphed in reply “Can offer boat for your inspection upon your arrival here,” and that plaintiff wrote that their agent, naming him, would call upon defendants “and if you have anything to offer, and sale should go through, we would like of course to be protected on five per cent, commissions.”</p> <p>In such .a case where the plaintiff’s agent accompanied by another person calls upon defendants, and the agent states that the other person was working with him, and it appears that the sale was actually made to the other person in the agent’s absence, the plaintiff is entitled to have the question submitted to the jury, a3 to whether the sale was made by him, if it appears that the agent named in the letter was notified of the sale, was present when the deal was finally consummated and took possession of the boat.</p> <p>To entitle a broker to recover commissions for the sale of property, he must establish that he was the procuring cause of the sale, according to his contract. This is usually a question of fact for the jury.</p>