Henderson v. Sonneborn
Superior Court of Pennsylvania
Appeal, No. 152, Oct. T., 1905, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1903, No. 2,253, on verdict for plaintiff in case of Luke D. Henderson, trading as Henderson & Company, v. Louis Sonneborn. Assumpsit to recover commissions on sale of real estate. Before Davis, J. The facts are stated in the opinion of the Superior Court. The court charged as follows : The plaintiff sues for commissions on the sale of real estate.
Read the full summary
Appeal, No. 152, Oct. T., 1905, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1903, No. 2,253, on verdict for plaintiff in case of Luke D. Henderson, trading as Henderson & Company, v. Louis Sonneborn. Assumpsit to recover commissions on sale of real estate. Before Davis, J. The facts are stated in the opinion of the Superior Court. The court charged as follows : The plaintiff sues for commissions on the sale of real estate. The law, as applied to this case, is that the person who brings a purchaser to the notice of the seller is entitled to his commission. [The question…
1Opinion of the Court
Opinion by
Rice, P. J.,
A real estate broker who sues for commissions must establish his employment, either by previous authority, or by acceptance of his agency and the adoption of his acts: Keys v. Johnson, 68 Pa. 42; Earp v. Cummins, 54 Pa. 394; Twelfth Street Market Co. v. Jackson, 102 Pa. 269. “ A mere volunteer is not entitled to commissions though he brings the parties together and is the efficient means of procuring the sale: ” Samuels v. Luckenbach, 205 Pa. 428; Mayer v. Rhoads, 135 Pa. 601. Where the contract between the broker and his principal is in writing its construction is for…
2Cases cited22 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Singer Manufacturing Co. v. ChristianSupreme Court of Pennsylvania · 1905
- Earp v. CumminsSupreme Court of Pennsylvania · 1867
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Lanard Axilbund v. Thompson P. Co.Superior Court of Pennsylvania · 1924
- Barber v. MillerSuperior Court of Pennsylvania · 1909
- Smith v. J. I. Case Threshing Machine Co.Superior Court of Pennsylvania · 1912
- Eisele v. Holloway (In Re Eisele)United States Bankruptcy Court, W.D. Pennsylvania · 1991
2 more not listed; retrieve them via the Exa API.