Middleton v. Thompson
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1894, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1891, No. 79, on verdict for plaintiff. Assumpsit to recover commissions for negotiating loan.
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Appeal, No. 337, Jan. T., 1894, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1891, No. 79, on verdict for plaintiff. Assumpsit to recover commissions for negotiating loan. At the trial before Bregy, J., it appeared that, on Sept. 23, 1890, Archibald Campbell, of the firm of Thompson & Campbell, defendants, came to the office of plaintiff, who is a conveyancer, real estate and mortgage broker, and made an application to him to secure a loan of $14,000 upon several pieces of real estate on Germantown avenue, agreeing to pay the plaintiff a commission of two per cent for…
1Opinion of the Court
Opinion by
Mb,. Justice Mitchell,
Brokers, says Sharswood, J., in Keys v. Johnson, 68 Pa. 42, “ are persons whose business it is to bring buyer and seller together. They need have nothing to do with the negotiation of the bargain.” This is said generally of brokers, though the words used are “ buyer and seller,” and the case was one of the sale of real estate. There is no good reason why the same principle should not apply to a broker negotiating a loan as to one negotiating a sale. The basis of his right to compensation in either case is the same, his bringing to his principal a party able and…
2Cases cited4 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Sweeney v. Ten Mile Oil & Gas Co.Supreme Court of Pennsylvania · 1889
- Reed's Executors v. ReedSupreme Court of Pennsylvania · 1877
- Clendenon v. PancoastSupreme Court of Pennsylvania · 1874
3Cited by17 opinions
- Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
- Tracy v. O'NeillSupreme Court of Connecticut · 1925
- Kahili, Inc. v. YamamotoHawaii Supreme Court · 1973
- Hale v. KumlerCourt of Appeals for the Sixth Circuit · 1898
- Hugill v. WeekleyWest Virginia Supreme Court · 1908
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