Speer v. Benedum-Trees Oil Co.

Citations

• 239 Pa. 180
• 86 A. 695
• 1913 Pa. LEXIS 535

Syllabus

<p>Principal and agent — Ite'al estate broker — Commissions—Failure to make sale — Subsequent sale.</p> <p>It is always incumbent upon a broker seeking to recover a commission to prove either .that a sale was made to the party whom he procured as a purchaser; or that the purchaser was able and willing to buy, and the failure to make an actual sale was through no fault of the broker or his customer. If the broker does not show that his purchaser was willing to buy at the price fixed by the seller, it is immaterial that afterwards the negotiations were taken up through another intermediary with whom the broker had no connection, and that the same parties came to an agreement for the sale of the property at a less price in which it was stipulated that no commissions should be paid by the seller to any one.</p>