Groskin v. Moore
Supreme Court of Pennsylvania
Appeal, No. 23, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., June T., 1912, No. 379, for defendant notwithstanding verdict in case of Horace Groskin v. Eleanor M. Moore. Assumpsit to recover commission for procuring a purchaser of real estate. Before Ralston, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 23, Jan. T., 1915, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., June T., 1912, No. 379, for defendant notwithstanding verdict in case of Horace Groskin v. Eleanor M. Moore. Assumpsit to recover commission for procuring a purchaser of real estate. Before Ralston, J. The facts appear by the opinion of the Supreme Court. The jury found a verdict for the plaintiff for $1,711.61, which was subsequently set aside and judgment entered for the defendant notwithstanding the verdict. Error assigned was in entering judgment for defendant notwithstanding the verdict.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The right to recover in this case is a question of fact rather than of law. The agreement of the parties is the law of the contract. Before the negotiations began appellant was notified in writing as follows:
“That there may be no misunderstanding we desire to advise you that we shall place the same (the premises to be sold) in other brokers’ hands for sale; the broker only to receive a commission who sells the property.”
These conditions were accepted by appellant and he was bound by the terms thus imposed. On cross-examination he admitted that it was his duty to…
2Cases cited3 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Earp v. CumminsSupreme Court of Pennsylvania · 1867
- Warne v. JohnstonSuperior Court of Pennsylvania · 1911
3Cited by13 opinions
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- Girsh v. RollandSupreme Court of Pennsylvania · 1925
- Cathers v. PatchelSuperior Court of Pennsylvania · 1923
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