Kelly v. Marshall

Citations

• 172 Pa. 396
• 33 A. 690
• 1896 Pa. LEXIS 789

Syllabus

<p>Contracts — Commissions for sale of real estate.</p> <p>Plaintiff, who was not a real estate broker, solicited from defendants the privilege of offering for sale an oil property owned by defendants. Defendants agreed to the request, and a price was fixed upon the property, which at plaintiff’s request was twice reduced. Failing to obtain a purchaser, he again requested that the pi’ice should be reduced. This was agreed to by defendants, but upon the express condition that the property should be sold on that day, otherwise it should be taken from plaintiff’s hands and off the maiket. Plaintiff failed to make sale, and the property was taken off the market. Eleven days afterwards defendants sold the property to a person with whom plaintiff had opened negotiations, and from whom he had obtained an offer slightly less than that for which the property was sold. Held, that plaintiff was not entitled to recover commissions on the sale.</p> <p>As the interest was an oil and gas leasehold, liable to sudden changes in value, time was of the highest importance in dealing with it, and presumably the essence of all contracts in relation to its sale: Vincent v. Oil Co., 165 Pa. 402, applied.</p>