Lowry v. Yutzy

Citations

• 62 Pa. Super. 173
• 1916 Pa. Super. LEXIS 381

Syllabus

<p>Principal and agent — Beal estate broker — Commissions—License.</p> <p>Where a person claims for services rendered about the sale of real estate under a contract, and not as a real estate broker, it devolves on the employer, if he relies on the fact that plaintiff was a real estate broker, to show that fact, and the question when properly raised is for the jury. Any person may lawfully employ one, who is not a real estate broker, to buy or sell real estate, and when such employment takes place and labor is done under the employment, it must be paid for.</p> <p>Principal and agent — Beal estate broker — Agreement to pay commissions — Bevocation of agreement — Case for fury.</p> <p>In an action to recover commissions for the sale of real estate, where it appears that the defendant had agreed in writing to pay commissions, but had not given the plaintiff any exclusive right to negotiate for the sale of the property, the defendant may show that he had cancelled the agreement before the plaintiff had done anything towards the sale of the property, and if he does testify to this effect, it is reversible error for the court to charge the jury that there was no evidence that the contract was cancelled before the sale, and that therefore they should not consider that question.</p>