68 Pa. Super. 232 | Pa. Super. Ct. | 1917
Opinion by
This is an action by a broker to recover commission for the sale of a steamboat. A broker becomes entitled to his commissions in a contract for the sale of property when he procures a party with whom the owner is satisfied: S. Y. Thompson Co. v. Goldman, 41 Pa. Superior Ct. 209; Keys v. Johnson, 68 Pa. 42; Holmes v., Neafie & Levy, 151 Pa. 392; Irons v. Snyder, 49 Pa.
The contract was made from letters and telegrams and the trial court correctly held that there was “sufficient to raise an implied obligation on the part of the coal company to pay the five per cent.” commission. The telegram from the defendant was an acceptance of the plaintiff’s offer to open negotiations for the sale of one of defendant’s boats on the terms named in the letter. The letter of December 24th notified the defendant that “Captain J. B. Barbour left yesterday for upper Ohio river points and will no doubt call on you, and if you have anything to offer and sale should go through, we would like of course, to be protected on 5 per cent, commission.” When negotiations were opened by Captain Barbour with the defendant’s manager Bunton, who sent the telegram, Captain Barbour was accompanied by one Davis, and it is the defendant’s contention that Davis was the purchaser of the boat, acting independently without any connection with the plaintiff or
We do not think there was any substantial harm done the plaintiff as complained of in the other assignments of error. The court overlooked Mr. Barbour’s testimony in commenting on the sixth point presented by the appellant. It is only necessary to sustain the second assignment of error which is here done.
The judgment is reversed and a venire facias de novo is awarded.