Turner v. Baker
Supreme Court of Pennsylvania
Appeal, No. 333, Jan. T., 1908, by plaintiff, from judgment of C. P. Union Co., May T., 1906, No. 56, for defendant on case tried by the court without a jury of Charles W. Turner v. W. N. Baker. Assumpsit to recover commissions on sale of real estate. The case was tried by McClure, P. J., without a jury under the Act of April 22, 1874, P. L. 108. The facts are stated in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
It is contended that appellant was constituted the exclusive agent of appellee to sell his hotel property and that any sale made while the contract of exclusive agency remained in force, either through the effosts of the broker or by the principal, entitles the broker to recover his commission although he was not instrumental in effecting the sale. In some juris*362dictions the rule does seem to be laid down as broadly as above stated, but this is not the law in Pennsylvania. It is true in some of our cases, where the parties had executed a contract in which it was…
2Cited by29 opinions
- Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
- Barnet v. CannizzaroAppellate Division of the Supreme Court of the State of New York · 1957
- Bell v. DimmerlingOhio Supreme Court · 1948
- McElhinney v. BelskySuperior Court of Pennsylvania · 1949
- Kelly, Murray, Inc. v. Lansdowne Bank & Trust Co.Supreme Court of Pennsylvania · 1930
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