165 Pa. 402 | Pa. | 1895
Opinion by
The learned judge left to the jury whether any sale was made by the plaintiff before notification of the change of price, and in doing sa he charged them, by affirming plaintiff’s third point, that the Eastern Oil Company as purchasers “ were entitled to a reasonable time in which to accept or reject the proposition, and what was such reasonable time is a question of fact for the jury,” The same principle runs through the charge as pointed out in the assignments of error, and it is plain that the finding of the jury was based upon that view of the case. But the direction was erroneous, and the undisputed facts show that there was no such sale.
An offer without more, is an offer in the present, to be accepted or refused when made. There is no time which a jury may consider reasonable or otherwise for the other party to consider it, except by the agreement or concession of the party
There is nothing in the case of Middleton v. Thompson, 163 Pa. 112, which conflicts with these views. It was there held
There having been no performance of the plaintiff’s undertaking to sell, nor what would for the purpose of this case be equivalent, the procuring of a purchaser on the stipulated terms while they were in force, the plaintiff cannot recover commissions as such, but so far as at present appears there was no agreement that his services were to be rendered on a mere contingency, and his authority having been revoked for no fault of his, he may be entitled to proper compensation for his time, labor and expenses, incurred in good faith in the defendant’s interest, before notice of the change in the terms of his agency. This, matter was submitted by the learned court below to the jury, but in connection with the question of a sale, and we are without means to determine on which basis the jury made up their verdict.
Judgment reversed and venire de novo awarded.