Lamb v. Prettyman

Citations

• 33 Pa. Super. 190
• 1907 Pa. Super. LEXIS 265

Syllabus

<p>Contract — Acceptance—Performance—Notice.</p> <p>Where acceptance of a proposition is by a promise, it must presently follow the offer and notice of it be given to the other party. But where acceptance is by act, the mere performance of the act, without notice, concludes the contract.</p> <p>Where an owner of real estate asks a real estate broker “to get a deal,” it is not necessary for the real estate broker to assent in words. If he procures a purchaser he makes a contract by performance.</p> <p>Practice, C. P. — Reservation of question of law — Evidence.</p> <p>The Act of April 22, 1905, P. L. 286, does not change the rule as to the province of the court and jury. The conflicting testimony and inferences to be drawn from it are for the jury, and not for the court, either at the trial or on the motion for judgment non obstante veredicto.</p>