S. V. Thompson Co. v. Goldman

Citations

• 41 Pa. Super. 209
• 1909 Pa. Super. LEXIS 33

Syllabus

<p>Principal and agent — Real estate broker — Commissions—Securing purchaser.</p> <p>1. Where the owner of a licensed hotel gives a real estate broker the right to sell the licensed business and furniture, fixtures and personal property incident thereto, and a lease for years of the real estate itself, and further agrees to give the broker ten days’ written notice of an intention to withdraw the sale of the business from the agency of the broker, and the owner sells the property to a purchaser without any aid whatever from the agent, and without having revoked the agency, the agent will be entitled to recover compensatory damages for money expended and time and labor devoted towards the accomplishment of the sale, even if he has not brought a purchaser to his principal.</p> <p>2. In such a case the agent is not entitled to the full commissions specified in the contract of agency by entering into an agreement with a purchaser to sell, not only the licensed business, with its incidents and the lease of the real estate, but also the real estate itself; nor will he be entitled to his commissions if the agreement of sale is conditional upon the proposed purchaser securing a loan of an amount specified, if there is no evidence to show that purchaser had the financial ability to borrow such a sum and satisfactorily secure its repayment.</p> <p>3. In an action by the agent against the owner to recover his full commissions, the plaintiff must show that he had procured for the defendant a party with whom the defendant was satisfied, and who actually contracted for the property at a price acceptable to the owner; or that it was through his efforts that the purchaser was secured, to whom the defendant after he wrongfully took the matter out of the agent’s hands, made the sale; or that even if he had not secured any binding contract from the proposed purchaser, he had actually produced to his principal a purchaser able and ready to perform his part of the proposal, so that the f