Meyer v. Wiest

Citations

• 250 Pa. 573
• 95 A. 715
• 1915 Pa. LEXIS 993

Syllabus

<p>Brokers — Merchandise brokers — Transaction of business in Pennsylvania — License—Failure to take out license — Recovery of commissions — Act of May 7, 1907, P. L. 175.</p> <p>In an action to recover commissions on the sale of a store situated in Pennsylvania, it appeared that plaintiff had visited the store at defendant’s request; .that defendant had entered into a contract with plaintiff whereby he agreed to pay him a stipulated commission if he should procure a purchaser for the store; that plaintiff was engaged in business in New York where he frequently negotiated for the purchase or sale of entire stores and stocks of merchandise in his own state and in other states including Pennsylvania; that in the year preceding the trial he had been visited by more than one thousand proprietors of drygoods and department stores who were seeking to sell their business, or to procure partners, or raise additional capital; that he had at his office a list of stores for sale and that on at least one occasion he advertised as being in the brokerage business; that he maintained offices for a time in Pennsylvania, buying and selling stocks of merchandise on commission and finding buyers for prospective vendors of store properties, though it was not made clear whether this was before or after the sale of plaintiff’s store. It appeared that plaintiff had not taken out a merchandise broker’s license in Pennsylvania as required by the Act of May 7, 1907, P. L. 175. The trial judge left it to the jury to determine whether plaintiff was engaged in business as a merchandise broker.at the time of the sale of defendant’s store and charged that in such case his failure to take out a license would preclude recovery. The jury found a verdict for defendant upon which judgment was entered. Held, no error.</p>