Read v. Ely

Citations

• 252 Pa. 49
• 97 A. 111
• 1916 Pa. LEXIS 567

Syllabus

<p>Contracts — BroJcers—Commissions—Sale of stoclcs and bonds— Case for jury.</p> <p>1. When a broker seeks to recover a commission, it is incumbent upon him to prove either that a sale was made to the party whom he produced or that the purchaser wag able and willing to buy, and the failure to make an actual sale was through no fault of the broker or his customer. If his introduction of the parties results in the sale, he has earned his commission; but even though he may not have brought the parties together in the first instance, he is entitled to a commission if he was the efficient cause of pending negotiations being brought to a successful issue.</p> <p>2. In an action to recover commissions for the sale of the stock and bonds of an electric company, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appears from plaintiff’s evidence that he was employed as a broker to effect a sale of the stock and bonds in question; that plaintiff with defendant’s consent shared his agency with another, who brought the matter to the attention of an officer of the purchaser, who in turn communicated the proposition to his superior officer, who sent a representative to the defendant with whom the sale was arranged and consummated; that the entire transaction covered a period of less than three months, and that during such period plaintiff personally saw a director of the purchaser and learned from him that the sale could be effected if a satisfactory price could be arranged, and that plaintiff so advised defendant, who directed plaintiff to suspend his efforts for the time being and finally completed the sale without plaintiff’s further aid.</p>