265 Pa. 148 | Pa. | 1919
Opinion by
Plaintiff sued to recover commissions alleged to be due for services rendered defendant in procuring contracts for the manufacture of munitions for the allied governments, who were at the time engaged in war with Germany. The defense relied upon was that plaintiff had not been authorized to act for defendant and that no contract was entered into as a result of plaintiff’s negoti
To establish his right to receive compensation plaintiff relied upon a series of letters and interviews between him and Alba B. Johnson, president of defendant company. The first interview was on April 20, 1915, at which time plaintiff submitted to Johnson a letter received from one Mottelay, of London, stating the writer was “in very close touch” with buyers of certain allied governments, and at the time had orders for 5,000,000 shrapnel cases “for cash and a commission of 7%%,” and requesting an opportunity to place the matter before American manufacturers. Johnson asked for specifications and, in a letter affirming the interview, stated his company would not quote prices for steel cases unless an actual contract for the shells, evidenced by drawings and specifications, was in existence, and that his company was ready to accept such orders dependent upon condition of their work at the time, provided payments were properly guaranteed. On May 17th, plaintiff wrote Johnson enclosing blueprints and in referring to the commissions charged by his English correspondents called attention to the absence of reference to commissions for him (plaintiff) and stated: “I will, therefore, ask you to be good enough to consider that I would be entitled to some commission to be agreed upon between us.” In reply to this letter estimates were given by Johnson in which it was stated: “the price quoted includes commissions aggregating 6%.” The proposal was never accepted, however, and nothing further was done. At this “identical timert Johnson informed plaintiff he was also submitting a proposal for similar work to J. P. Morgan & Co., agents for the British government, and inserted in the letter, quoting a price to plaintiff, the fol
While in Russia Vauclain was also requested by the Russian government to take up the manufacture in the United States of loaded shells. Upon his return and during the ea'rly part of April, 1915, this matter was again suggested by Morgan & Company on behalf of the
A careful consideration of the evidence in a light most favorable to plaintiff fails to establish the slightest right on his part to recover commissions from defendant. The letters indicate quite clearly that the claim to commissions was dependent upon completion of negotiations through efforts of plaintiff and his associates. The only bid for work submitted through plaintiff concededly produced no results and it is even doubtful from the evidence if that order was a bona fide one. Plaintiff was aware that other negotiations were pending at the time through Morgan & Company as agents of the British' government; was definitely told that his right to commissions was subject to the earlier completion of the pending negotiations, and finally was informed that, owing to the condition of such negotiations at the time, nothing further could be done toward meeting Thomas, and plaintiff was requested to proceed no further in the
We recognize the general rule that where a broker produces a purchaser who buys the property in question, or is able, and willing to do so upon terms acceptable to the principal, he has earned his commission, and in such case the principal may not, pending the negotiations, escape liability for compensation by taking the matter into his own hands and completing the transaction personally. In the present case, however, defendant had been submitting proposals on work for the British and other foreign governments before plaintiff first suggested such contracts to Johnson, of which plaintiff had knowledge, and it was fully understood, as appears from plaintiff’s own evidence, that defendant reserved the right to proceed with such negotiations and effect the contracts, if possible, through others who were conceded to be official representatives of the British government. While it is
The judgment is reversed and judgment is directed to be entered for defendant non obstante veredicto.