McDonald v. Kimmell

Citations

• 70 Pa. Super. 282
• 1918 Pa. Super. LEXIS 232

Syllabus

<p>Principal and agent — Real estate brohers — Commissions—Failure of contract between principals.</p> <p>To entitle a real estate broker to the commission called for by his contract of employment, he must produce a person who is ready, able and willing both to accept and live up to the terms offered by his principal, and the burden of proof is upon the broker to establish the readiness, ability and willingness of the person proposed to comply with the offer of the. principal.</p> <p>Where a person owning city properly desires to exchange it for coal property, and applies to a real estate broker to secure a customer, and the latter subsequently introduces a customer to his principal, and at this time two agreements are signed, one by which the principal agrees to pay the broker commissions for the sale to the customer named and the second between the principal and customer by which an exchange is agreed upon, and in which the coal is particularly described by locality, quality and quantity, and it is specified that the deal is to be closed twenty days thereafter, the broker will not be entitled to his commissions, if it appears before the final' closing of the deal, that there were no such veins of coal in the land described in the agreement, and that the principal thereupon rescinded the contract.</p>