252 Pa. 323 | Pa. | 1916
Opinion by
From the evidence in this case, it appears that defendant agreed to pay to plaintiff a commission upon all subscriptions which plaintiff should get, to the capital stock of the Wallace Automobile Company. Plaintiff suggested the name of George W. Bremer as a possible purchaser, but the record shows that he did not begin negotiations with him upon the subject, nor did he first bring the matter to the attention of Mr. Bremer. Nor did he make the sale of the stock to him. That was accomplished by the defendant. Mr. Bremer testified that he subscribed for the stock as a result of meeting Mr. Wallace, the defendant. That he then made an investigation and decided to purchase. Nowhere in the record does it appear that the plaintiff was the efficient, moving cause of the sale, and unless he was, he did not earn a commission. There was nothing in the agreement giving plaintiff an exclusive right to control the sale of the stock within any specified time. The mere suggestion of the name of a possible purchaser, without more, was not enough. Had plaintiff brought the parties together, for the purpose of effecting a sale, and if, his introduction, or his opening of negotiations had resulted in a sale, his commission would have been earned; but there is nothing in the evidence to justify that conclusion. The established principle that where an agent has commenced negotiations with a purchaser, the principal cannot, pending the negotiation take the matter into his own hands and complete it, has no 'application here. No negotiations were pending when defendant broached the
Tbe assignments of error are overruled, and tbe judgment is affirmed.