Saxton v. Morris

Citations

• 229 Pa. 343
• 79 A. 131
• 1911 Pa. LEXIS 498

Syllabus

<p>Brokers — Real estate brokers — Broker’s license — Interpleader—Commissions.</p> <p>Where in a suit against a seller of real estate for commission, the defendant petitions for an interpleader on the ground that a third person was claiming one-half of the commissions and threatening him with a suit if he paid such half to plaintiff, and an interpleader is framed between the plaintiff and the claimant, the plaintiff may show as a complete defense in the interpleader that the claimant had not a real estate broker’s license. In such a case the claimant cannot recover on allegations and proof that he had a contract with the plaintiff to divide commissions with him where the pleadings conclusively show that the claimant was demanding the payment of one-half of the commissions from the seller of the real estate under a direct agreement with him.</p>