Legal Opinion

Gibbons v. Monongahela River Consolidated Coal & Coke Co.

Superior Court of Pennsylvania

Decided October 8, 1917No. Appeal, No. 152PublishedCited by 1 opinion

Appeal, No. 152, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1915, No. 761, on verdict for defendants in case of M. J. Gibbons, doing business as Gibbons & Company v. The Monongahela River-Consolidated Coal & Coke Co. Assumpsit for commissions for sale of a steamboat.

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Appeal, No. 152, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1915, No. 761, on verdict for defendants in case of M. J. Gibbons, doing business as Gibbons & Company v. The Monongahela River-Consolidated Coal & Coke Co. Assumpsit for commissions for sale of a steamboat. Before Carpenter, J. At the trial it appeared that plaintiff, a steamboat broker, located at New Orleans, La., having a party, the Transcontinental Petroleum Company, on December 22,1913, sent the following telegram to appellee: “We have planned leaving here to-morrow in search of towboat thirty…

1Opinion of the Court

Opinion by

Kephakt, J.,

This is an action by a broker to recover commission for the sale of a steamboat. A broker becomes entitled to his commissions in a contract for the sale of property when he procures a party with whom the owner is satisfied: S. Y. Thompson Co. v. Goldman, 41 Pa. Superior Ct. 209; Keys v. Johnson, 68 Pa. 42; Holmes v., Neafie & Levy, 151 Pa. 392; Irons v. Snyder, 49 Pa. *237Superior Ot. 522; Kifer v. Yoder, 198 Pa. 308. But a mere volunteer is not entitled to commission if lie bring the parties together: Samuels v. Luckenbach, 205 Pa. 428; Henderson v. Sonneborn, 30 Pa.…

2Cases cited7 opinions

  1. Keys v. JohnsonSupreme Court of Pennsylvania · 1871
  2. Kifer v. YoderSupreme Court of Pennsylvania · 1901
  3. S. V. Thompson Co. v. GoldmanSuperior Court of Pennsylvania · 1909
  4. Samuels v. LuckenbachSupreme Court of Pennsylvania · 1903
  5. Henderson v. SonnebornSuperior Court of Pennsylvania · 1906

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3Cited by1 opinion

  1. Follansbee EstateSuperior Court of Pennsylvania · 1947

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