275 Pa. 571 | Pa. | 1923
Opinion by
Appellant is an incorporated fraternal society, plaintiff a real estate broker. The latter sued to recover commissions alleged to be due him by defendant in connection with the purchase of a farm and the verdict was in his favor; defendant appeals from the judgment thereon.
Had the committee, under the circumstances here disclosed, power to bind defendant to pay the plaintiff a commission? Was not the knowledge possessed by plaintiff of the limitation placed by the convention on the committee to an expenditure for the property not to exceed $80,000 such as to bar his recovery, without further action by appellant enlarging the committee’s power or ratifying its act?
Appellee presents, as his view of the power of the committee, that, as the extent of its authority is not restricted in express terms, it had the right, in pursuance of the agency conferred by the resolution of the convention, to employ such means as in its judgment were necessary and usual to carry out the mandate of its principal,
This case is not one where the person dealing with an agent1 to purchase had no disclosure of the agency’s terms; plaintiff knew all about the committee’s powers and participated in the action of the convention delegating them; this bars him from recovering a claim
The judgment is reversed and is here entered for defendant.