Seabury v. Fidelity Insurance Trust & Safe Deposit Co.

Citations

• 205 Pa. 234
• 54 A. 898
• 1903 Pa. LEXIS 553

Syllabus

<p>Principal and agent — Beal estate agent — Commissions.</p> <p>When a real estate agent who has been authorized in writing to sell a property for a certain commission on an amount designated as the purchase money, introduces to the vendor a purchaser who is acceptable to the vendor, the agent has earned his commissions, although the contract entered into by the vendor and the vendee does not contemplate any immediate payment of money, but only payment out of mortgages to be created upon the property, and although the contract of sale was never in fact carried out through the failure of the purchaser to perform his part.</p> <p>In an action by a real estate agent against executors to recover commissions on a sale of real estate for the testator in his lifetime, where the defendants allege that no contract of sale had been entered into between the vendor and the vendee, within the meaning of the contract between testator and plaintiff for commissions, it is not proper to admit in evidence, upon the offer of the plaintiff, a record of the orphans’ court, showing a decree of specific performance in favor of the vendee, as against the executors.</p>