S. V. Thompson Co. v. Goldman

Superior Court of Pennsylvania October 14, 1912

S. V. Thompson Co. v. Goldman, 51 Pa. Super. 632 (1912)

1912 Pa. Super. LEXIS 271

Head, Henderson, Morrison, Orlady, Porter, Rice

Opinion of the Court

Opinion by

Head, J.,

The facts out of which this controversy arises were fully stated when the case was formerly here, 41 Pa. Superior Ct. 209. When, as a result of that appeal, the case was retried, the court below entered a compulsory nonsuit. In the opinion filed refusing to take off that nonsuit, the learned trial judge has again fully discussed the testimony as well as the controlling principles of law. We can see nothing of value to be added to that opinion. Having carefully reviewed the entire record, we have all reached the conclusion that the case was properly tried and that the' resulting judgment should not be disturbed.

Judgment affirmed.

Reference

Full Case Name: S. V. Thompson Company v. Goldman
Cited By: 5 cases
Status: Published
Syllabus: Principal and agent — Real estate broker — Commissions—Securing purchaser — Conditional sale. 1. In an action by a real estate agent against an owner to recover his full commissions, the plaintiff must show that he had procured for the defendant a party with whom the defendant was satisfied, and who actually contracted for the property at a price acceptable to the owner; or that it was through his efforts that the purchaser was secured, to whom the defendant after he wrongfully took the matter out of the agent’s hands made the sale; or that even if he had not secured any binding contract from the proposed purchaser, he had actually produced to his principal a purchaser able and ready to perform his part of the proposal, so that the failure to complete an actual salé resulted alone from the fault or inability of the principal. 2. In such a case the broker will not be entitled to his commissions if the agreement of sale is conditional upon the proposed purchaser securing a loan of an amount specified, if there is no evidence to show that purchaser had the financial ability to borrow such a sum and satisfactorily secure its repayment.