47 Pa. Super. 290 | Pa. Super. Ct. | 1911
Opinion by
The plaintiff was a licensed real estate broker in the city of Pittsburg and brought this action to recover an agreed on compensation for negotiating a sale of the defendant’s property. Upon the trial he offered in evidence a written obligation of the defendant reciting that the plaintiff had secured a purchaser, one Waxman, for his property at the price of $53,000, and that he agreed to pay as compensation for services in negotiating the sale “the sum of two per cent, viz., one thousand and sixty ($1,060.00) dollars upon the consummation of said sale.” He further offered a formal agreement between the defendant and the said purchaser Waxman respecting the sale of the property of the former. From this agreement it appears that the defendant was to receive $53,000 for his property, fully described in the paper. In payment
The defendant, although he had filed an affidavit of defense in the present action, failed to appear and offered no testimbny to controvert that produced by the plaintiff and already referred to. The jury returned a verdict in favor of the plaintiff upon which the court entered judgment. Counsel for defendant at the trial simply presented a point for binding instructions in favor of the defendant which was refused. This was followed by motions for a new trial and for judgment n. o. v. on the entire record, both of which were likewise refused, and this appeal follows.
The learned trial judge held that the expression in the defendant’s agreement to pay, viz., “upon the consummation of the said sale” “meant the completion of the negotiations with the proposed purchaser and not the actual delivery of deeds by the parties.” It is argued with much earnestness by the able counsel for the appellant that because the evidence disclosed the execution of.this paper by the defendant followed the agreement between
Judgment affirmed.