148 A. 863 | Pa. | 1929
Argued December 3, 1929. Plaintiff company, owner of an apartment house located in the City of Philadelphia, employed defendants, real estate brokers having an office in plaintiff's apartment building, to collect rents due by tenants and act *10 generally as its renting agents in connection with the house, for which service they were to receive as compensation, office space in the building at a monthly rental of seventy-five dollars, and the sum of 3% on collections. The agents were to make proper disbursements in connection with their employment. They continued to act as such agents from October 1, 1924, to March 15, 1926, during which time they collected and disbursed considerable sums of money. A dispute having arisen in regard to the correctness of the receipts and disbursements set forth in defendants' statement of account, which was not amicably settled, plaintiff filed its bill asking for a full accounting; after answer and replication, a master was appointed who subsequently found in favor of plaintiffs for the sum of $4,446.56; exceptions to this conclusion were dismissed and the master's findings confirmed by the court. Subsequently, on plaintiff's petition, a rule was granted on defendants to show cause why they should not be attached for contempt in failing to comply with the decree and pay to plaintiff the amount decreed to be due it. The court below after hearing discharged the rule and this appeal followed.
The court below committed no error in discharging the rule for an attachment. Messmore's Est.,
Judgment is affirmed at appellant's costs.