269 Pa. 448 | Pa. | 1921
Opinion by
This suit is for commission on sale of real estate. De- ■ fendant was the owner of premises 331-333-335 South Broad street, Philadelphia, and, in the summer of 1915, through his agent Greenstein, orally agreed to pay plaintiff $2,000 to procure a purchaser for the property.
The only error alleged on this appeal by defendant is that the trial court erred in declining to direct a verdict, or to enter judgment, in his favor. To have done so would have been manifest error. True, Greenstein’s testimony is that Kingsley informed him on August 30th that the negotiations were ended; but Kingsley’s testimony is that what he told Greenstein was that he would not negotiate further with him as agent but would take the matter up directly with the owner, which in fact he did. Under Kingsley’s evidence there was no break in the negotiations, and, if not, defendant was liable for the commission. Plaintiff was not a real estate broker, and there was some dispute between him and Green-stein as to the exact terms of their agreement, but under either version the former was entitled to his commission if the sale was consummated without a break in the negotiations. An agent has earned his commission when he produces a purchaser who is able and willing to buy the property on the price and terms fixed by the owner (McDonald v. Kimmel, 70 Pa. Superior Ct. 282), and this is emphatically true where, as here, the sale is actually consummated: Keys v. Johnson, 68 Pa. 42; Hipple v. Laird, 189 Pa. 472. It is not material that the negotiations are concluded directly with the owner: Cain v. Werner, 67 Pa. Superior Ct. 438. Where, how
The judgment is affirmed.