Earp v. Cummins
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit, brought to December Term 1865 by James R. Cummins against Gr. B. Earp, to recover commissions for the sale of real estate.
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Error to the District Court of Philadelphia. This was an action of assumpsit, brought to December Term 1865 by James R. Cummins against Gr. B. Earp, to recover commissions for the sale of real estate. There was evidence that the real estate was in the hands of the plaintiff for sale ; that he offered it to various customers by telling them of it and by advertising it in his catalogues and in the newspapers ; he also had a photograph of the house in his office and a memorandum of it in his book; that Richard Young called several times at his office, and that in an interview between the…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
We think the learned judge stated the rule of law too broadly in saying “ it is the sole business of the real estate broker to bring buyer and seller together.” And again, “a.mere seeing it (the property) in the catalogue of the broker, or in his advertisements, is sufficient, provided a sale takes place in consequence thereof.” Too broadly, we mean, for the.facts of this case ; because, although the property was advertised by the broker, and the attention of the purchaser was first called to it in that way, yet the evidence was that he…
2Cited by33 opinions
- Doonan v. IvesSupreme Court of Georgia · 1885
- Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
- Duval v. MoodyCourt of Appeals of Texas · 1900
- Kifer v. YoderSupreme Court of Pennsylvania · 1901
- Hill v. IglehartCourt of Appeals of Maryland · 1924
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