Legal Opinion

Keys v. Johnson

Supreme Court of Pennsylvania

Decided March 6, 1871PublishedCited by 65 opinions

February 28th 1871. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Rea», J., at Nisi Prius. Error to the District Court of Philadelphia: No. 275, to January Term 1870. This.was an action of assumpsit brought, September 9th 1868, by Henry Johnson against William W. Keys, for the recovery of compensation as a broker for effecting the sale of real estate of the defendant.

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February 28th 1871. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Rea», J., at Nisi Prius. Error to the District Court of Philadelphia: No. 275, to January Term 1870. This.was an action of assumpsit brought, September 9th 1868, by Henry Johnson against William W. Keys, for the recovery of compensation as a broker for effecting the sale of real estate of the defendant. On the trial, October 15th 1869, before Thayer, J., the plaintiff gave in evidence a letter, dated November 12th 1867, from the defendant, in which he says to the plaintiff, “ My farm at Penn Square, Montgomery…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

Brokers are persons whose business it is to bring buyer and seller together. They need have nothing to do with the negotiation of the bargain: Inslee v. Jones, Brightly’s N. P. Rep. 76. A broker becomes entitled to his commissions whenever he procures for his principal a party with whom he is satisfied, and who actually contracts for the purchase of the property at a price acceptable to the owner: Glentworth v. Luther, 21 Barb. 145. He must establish his employment as broker, *44cither by previous authority, or by the acceptance of his…

2Cases cited1 opinion

  1. Glentworth v. LutherNew York Supreme Court · 1855

3Cited by65 opinions

  1. Ormsby v. GrahamSupreme Court of Iowa · 1904
  2. Arnold v. United Companies Lending Corp.West Virginia Supreme Court · 1998
  3. Verona v. Schenley Farms Co.Supreme Court of Pennsylvania · 1933
  4. Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
  5. Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962

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