Legal Opinion

Showaker v. Kelly

Superior Court of Pennsylvania

Decided November 19, 1902No. Appeal, No. 68PublishedCited by 1 opinion

Appeal, No. 68, Oct. T., 1902, by plaintiff, from judgment of C.' P. No. 3, Phila. Go., June T., 1897, No. 892, on verdict for defendant, in case of C. Harry Showaker v. Fannie R. Kelly and Joseph M. Kelly, administrators of estate of Thomas F. Kelly, deceased. Assumpsit to recover real estate broker’s commissions. Before McMichael, J. The facts appear by the opinion of the Superior Court. Yerdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 68, Oct. T., 1902, by plaintiff, from judgment of C.' P. No. 3, Phila. Go., June T., 1897, No. 892, on verdict for defendant, in case of C. Harry Showaker v. Fannie R. Kelly and Joseph M. Kelly, administrators of estate of Thomas F. Kelly, deceased. Assumpsit to recover real estate broker’s commissions. Before McMichael, J. The facts appear by the opinion of the Superior Court. Yerdict and judgment for defendant. Plaintiff appealed. Errors assigned were various instructions.

1Opinion of the Court

Opinion by

Beaver, J.,

Concerning the general rule of law, governing the compensation of an agent or broker for the sale of real estate, there is in this case no dispute. “ If the property sold is brought to the attention of the purchaser by the broker and the principal carries on the negotiations himself or agrees to an exchange instead of a sale, or allows the purchaser a certain time to agree to his terms, and, before the expiration of the time allowed, sells to another, the broker is entitled to his commissions: ” 2 P. & L. Dig. of Dec. 2237; McCaffrey v. Page, 20 Pa. Superior Ct. 400.

The…

2Cases cited1 opinion

  1. McCaffrey v. PageSuperior Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Young v. DempseySuperior Court of Pennsylvania · 1917

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