Lamb v. Elder

Citations

• 56 Pa. Super. 522
• 1914 Pa. Super. LEXIS 116

Syllabus

<p>Beal estate broker — Principal and agent — Commissions—Case for jury.</p> <p>1. In an action by a real estate broker to recover commissions on the sale of real estate, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where the testimony tends to show that plaintiff was employed by the defendant to sell certain land in a distant state; that plaintiff procured a purchaser, who entered into a binding contract of sale with defendant, but subsequently finding defendant’s title deficient withdrew from it; that the proposed purchaser was himself subsequently authorized by another person to submit an offer for the land; that he did submit this offer to the plaintiff, who directed him to report the offer to and negotiate directly with the defendant owner; and that as a result of such negotiations the defendant sold the land to the party making the offer.</p> <p>2. A real estate broker is the agent of the vendor. There must be an employment to constitute him an agent, and his service as such, however slight, must be, the efficient cause of the sale. If a mere introduction of the property to the notice of the buyer effects the sale, the broker earns his commissions. An advertisement or any other service is enough if it be the immediate and efficient cause of the bargain.</p>