Mitchell v. Schreiner

Citations

• 43 Pa. Super. 633
• 1910 Pa. Super. LEXIS 109

Syllabus

<p>Principal and agent — Sale of property — Commissions—Serving two masters.</p> <p>The rule of public policy which forbids an agent for the sale of property to become entitled to compensation from both vendor and vendee, may be waived by an express agreement between the parties, but such waiver cannot be inferred either from knowledge by one of the parties of the fact that the rule had been violated or from mere silence or failure to dissent at the time, or from all these combined. Nothing short of clear and satisfactory proof of agreement to waive the rule can be required as sufficient for the purpose. The mere fact that the agent told one of the parties that he was acting for both will not fix a waiver of the rule on the party thus informed in the absence of any agreement on his part to a waiver.</p>