Mastbaum v. Stuart

Citations

• 67 Pa. Super. 85
• 1917 Pa. Super. LEXIS 347

Syllabus

<p>Brokers — Beal estate brokers — Commissions — Principad and agent — Affidavit of defense.</p> <p>In an action by real estate brokers to recover $600, as commissions under an agreement to sell real estate, a rule for judgment for want of a sufficient affidavit of defense is properly discharged, where the affidavit in its admissions and averments shows that the defendants had given to plaintiffs the exclusive right to sell real estate for a sum stated on which the commissions were to be $800; that subsequently defendants effected a sale without the help of the plaintiffs; that before the settlement was made defendants agreed as a compromise of the claim for commissions to pay plaintiffs $600, “payable at time of settlement”; and that the sale fell through and no settlement was ever made.</p>