Stetson v. Sun Co.

Citations

• 36 Pa. Super. 390
• 1908 Pa. Super. LEXIS 174

Syllabus

<p>Contract — Option—Broker—Ship broker — Statement of claim — Affidavit of defense.</p> <p>In an action by a ship broker against a corporation to recover $500 for securing an option on a tug, it appeared that the defendant’s president wrote to plaintiff in reference to the tug that he had not obtained sufficient knowledge of the tug to justify the company purchasing her. He continued: “Please ask your principals to make a proposition to us to make two trips towing” a certain schooner named, between points designated. The letter contained terms for the charter party, and concluded as follows: “I would like the refusal of this tug to stand while she makes these two trips.” On the following day the defendant again wrote to plaintiff as follows: “If you can obtain for me an option to buy the tugboat (naming her) at thirty thousand dollars at the end of two trips which she may make, carrying the schooner, I will pay you five hundred dollars for the option; said five hundred dollars to apply on the purchase of the vessel, if I take her; terms of the charter party to be mutually agreed upon.” The plaintiff secured the option, and prepared a charter party for the two trips which was satisfactory to the owners of the tug, but which the defendant refused to sign because it contained some matters not satisfactory to it. The defendant filed an affidavit of defense denying liability to the plaintiff in the sum of $5C0, and setting up certain statements made by plaintiff as to the' capacity of the tug, and averring that they were not correct, but not averring that plaintiff knew that they were not correct. Held, (1) that the defendant was liable to the plaintiff for 1500 for securing the option, inasmuch as the contract did not require the plaintiff to procure from the owners as a condition precedent to his right to demand the promised compensation, a charter party, the terms of which the defendant would assent to, and did in fact assent to; and (2) that the averments as to the