Sweeney & Clyde v. Berman

Citations

• 76 Pa. Super. 46
• 1921 Pa. Super. LEXIS 82

Syllabus

<p>Contracts — Sale of real estate — Broker’s commission — Bight of recovery.</p> <p>A broker in a real estate transaction who produces a purchaser who buys the property in question, or is able and willing to do so, upon terms acceptable to the principal, has earned his commission and in such case the principal may not, pending the negotiations, escape liability for compensation by taking the matter into his own hands and completing the transactions personally.</p> <p>Where, in an action for the recovery of commissions on a contract for the sale of real estate, it appeared that plaintiffs produced a purchaser, within the time during which they had exclusive control of the sale of the property, and that the purchaser was ready and able to buy, and that the failure to complete the sale was not because of the default of the agents or the purchaser, but because the owner sold to another purchaser within the time covered by the plaintiffs’ contract, judgment should be entered for the plaintiffs.</p> <p>In such case, an affidavit of defense is insufficient, which does not deny the averments of the statement of claim that the plaintiffs were authorized to procure a purchaser for a set price, and that there is no denial that the person, with whom the agents contracted was a bona fide purchaser, ready and able to carry out his contracts.</p>