McElhinney v. Belsky

Opinion by

Dithrich, J.,

Defendant appellee was the proprietor of a picture frame manufacturing business on premises which he leased at 1124 Washington Avenue, Philadelphia.. He decided to sell his business. He entered into a written agreement with appellant, a business broker, the agreement providing in part that McElhinney was to' be entitled to *a commission if, during the period of the contract, the business should be “sold or exchanged” no matter who effected the sale.

Belsky testified that he lost his lease as of February 1, 1947, and had so informed McElhinney. When the day to vacate came…