276 Pa. 63 | Pa. | 1923
Opinion by
Bossart, a real estate broker, was employed by the Erie Coal Mining Company to make sale of one of its
The plaintiff thereupon made efforts to secure a purchaser, and, at his expense, caused advertisements to be inserted in various newspapers to attract those who might be interested in the proposition. On September 29th, Cook, who finally bought, called upon the agent, and the character of the property was described to him, resulting in his visit' to, and examination of, the mine. According to the testimony of the defendant, he subsequently called upon its officers, declared his dissatisfaction with certain statements made, and refused to purchase. Later, near the end of November, he was again urged by the broker to make further investigation, and did buy on December 17th, the formal conveyance being made on the 30th of that month. Appellant, however, contends the sale was finally procured by another person, one Drum.
Some weeks later, when Bossart learned of the completed transfer, demand was made for the commission, which he claimed to have earned. The right to any compensation was denied, and, as a result, this proceeding was instituted. A trial ended in a verdict for the plaintiff, and a new trial, as well as judgment n. o. v., was refused by the court below. This appeal is brought to test the accuracy of the rulings made as to evidence offered and instruction given.
The legal principles controlling the present situation have been clearly established bymany authorities. The mere fact that negotiations are begun by a broker with the purchaser, who ultimately buys directly from the
Evidence was offered to show Bossart was employed, advertised the property and interested the purchaser in it. After examination, Cook refused to buy, but was' later solicited by the broker to reconsider, and did finally accept. Defendant claims this was due solely to the efforts of Drum, who took the prospective buyer over the property in December, pointing out to him its advantages and possibilities, and that the original introduction by the plaintiff was not the procuring cause of the sale. But this dispute was for the jury to solve, Under proper instructions from the court, and an examination of the charge shows it was a fair and impartial presentation of the facts, with a correct statement of the law applicable. The complaint of the affirmance of the plaintiff’s points, and the refusal of some of those presented by the defendant, is without merit. The third, of the latter, might have been affirmed, but the proposition suggested was fully and correctly covered by the charge itself, and no harm could have been done by failure to read it.
The real controversy here suggested rests on the construction of the contract of employment. Defendant insists the right to recover commissions was made dependent on completion of the sale, and payment of the purchase money, within ninety days. The agreement does
The other objection.raised by the sixth assignment is based upon the refusal to admit in evidence a paper signed by Cook, now dead, explaining his connection with the transaction. This was in the form of a statement addressed to counsel for the coal company. Clearly, a declaration, by one not a party to the suit, affecting the rights of the plaintiff, who was without opportunity to cross-examine, was inadmissible as hearsay evidence: Harrington v. Bronson, 161 Pa. 296; Halberstadt v. Bannan, 149 Pa. 51.
The assignments of error are all overruled and the judgment is affirmed.