Nock v. Guthrie

Citations

• 239 Pa. 317
• 86 A. 859
• 1913 Pa. LEXIS 564

Syllabus

<p>Contracts — Commissions for sale of realty — Evidence—Charge of court — Practice Supreme Court — Exceptions—Question involved.</p> <p>1. A real estate broker wbo undertakes to procure a buyer for certain real estate at a fixed compensation earns his commissions if he brings the buyer and seller together, and procures the execution of a contract of purchase and sale, and such right cannot be defeated by the failure of the seller to consummate the transaction through his own fault.</p> <p>2. Where counsel took no exception to the charge of the court and did not include in his statement of questions involved the points raised by him in connection'therewith, assignments to the charge will not be considered.</p> <p>3. Where in an action to recover commissions for sale of real estate plaintiff produced testimony showing that he made an oral contract with defendant that he was to be paid a compensation of three thousand dollars for effecting the sale of certain real estate, and that the sale failed through the voluntary act of the defendant in refusing, to consummate it, the case was for the jury and a verdict and judgment in favor of the plaintiff will be sustained, notwithstanding defendant’s denial that the contract was made as contended.</p>