Tower v. O'Neil

Citations

• 66 Pa. 332

Syllabus

<p>1. O. in writing authorized T. to sell his land within a time named, for $70,000 for a commission of 2 per cent.; before the time expired O. requested T. to deliver up the paper; T. said he would give the price himself rather than let the time run out. This offer was not in execution of the power of sale.</p> <p>2. If the offer had been made in execution of the power O. was not bound to take it, and his refusal did not make him liable for commissions.</p> <p>3. The parties were principal and agent, and could not be changed into vendor and vendee without O.’s consent.</p> <p>4. T. was entitled only to compensation for his services.</p>