Samuels v. Luckenbach

Citations

• 205 Pa. 428
• 54 A. 1091
• 1903 Pa. LEXIS 588

Syllabus

<p>Principal and agent — Broker—Commissions—Contract.</p> <p>A mere volunteer is not entitled to commissions though he brings the parties together and is the efficient means of producing the sale. Even a broker whose business it is to bring buyer and seller together must establish his employment as such, either by previous authority or by the acceptance of his agency and the adoption of his acts. The fact that a broker had previously made a sale and been paid a commission will not entitle him to commissions on a subsequent sale made by him on behalf of the same vendor, but without request or employment. And as a necessary corollary the employment must be to sell the thing for the sale of which commissions are claimed.-</p> <p>In an action to recover commissions where it appeal's that the plaintiff was employed to sell or find a purchaser for one of two tugs specifically named, and that the plaintiff brought to the defendant a person, who, after examining the two tugs named, rejected them, but afterwards purchased from the defendant a third -tug, as to which there was no agreement between plaintiff and defendant, plaintiff is not entitled to recover commissions on the sale of such tug. Holmes v. Neafie, 151 Pa. 392, distinguished.</p>