Lowenstein v. McPeak

Citations

• 48 Pa. Super. 280
• 1911 Pa. Super. LEXIS 370

Syllabus

<p>Principal and agent — Brokers—Commissions.</p> <p>1. It is always incumbent upon a broker seeking to recover his commission to prove that the sale was made to a party whom he secured as purchaser, or that the purchaser was able and'willing to buy, and that the failure to make the actual sale was through no fault of the broker or his customer.</p> <p>'2. In an action by a real estate broker to recover commissions, an affidavit of defense is sufficient, which avers that the defendant agreed in writing to pay a commission of five per cent of the selling price, if the plaintiff furnished him with a buyer for his property; that in addition to the writing there was a verbal agreement made at the same time that the plaintiff was only to receive his commissions in the event of the buyer making final settlement, the same to be paid out of the moneys paid by the purchaser to the defendant; and that the purchaser whom the plaintiff had produced had refused.to make final settlement, leaving the property still in the ownership of the defendant.</p>