Hoffman v. Lomma Enterprises, Inc.
Hoffman v. Lomma Enterprises, Inc.
Opinion of the Court
Opinion by
We are here concerned with an assumpsit action instituted by Paul Hoffman, 15 Bowerhill Road, Pittsburgh, against Lomma Enterprises, Inc., a Pennsylvania corporation with offices at 305-Cherry.Street, Scranton, wherein the plaintiff sought to recover a commission of $4,500.00, on the sale by the defendant to Joseph A. Castellueci and wife of a miniature golf course installation. The case was tried before Judge Conaroy
“The testimony in this case revealed that the defendant, Lomma Enterprises, Inc., was engaged in the manufacture of miniature golf courses and related equipment. On June 11, 1963, the plaintiff was appointed, by the defendant, as a free-lance salesman covering the Pittsburgh area. At the time of his appointment, it was agreed that the plaintiff would be paid a commission on any sale which he made; that the commission would vary depending upon the price of the product which he sold, and, in any event, the commission would amount to 12% where the sale price was $9,900.00 or more.
“Some time in October of 1963, the plaintiff was directed by the defendant to, and did, contact a prospect by the name of Castellucci and conducted certain negotiations with the said Castellucci for the installation of various types of golf equipment.
“On January 21, 1964, while he was still in contact with the said Castellucci, plaintiff was notified by letter, from the defendant, to cease his contact with Castellucci, but at the same time was assured by the defendant that he ‘would be protected commission-wise’ in the event of a subsequent sale to the prospect, Castellucci.
“Thereafter, the defendant and Castellucci did in fact enter into an agreement [May 22, 1964] under which the defendant installed for the said Castellucci a driving range, a miniature golf course and other equipment at a price which the defendant informed the plaintiff was $37,500.00 . . . Subsequently, the plaintiff sought his commission on the total sales price ($37,-500.00), which the defendant refused to pay”.
There have been many cases of this nature in our appellate courts. Keys v. Johnson, 68 Pa. 42, is an early decision with a concise opinion by Justice Si-iarsavood. The applicable legal principles were recently reviewed at length in Axilbund v. McAllister, 407 Pa. 46, 180 A. 2d 244. See also Helmig v. Rockwell Manufacturing Co., 380 Pa. 305, 111 A. 2d 118; Cherry v. Wolf, 205 Pa. Superior Ct. 484, 210 A. 2d 917. It is not plaintiff’s
Appellant’s principal contention is that “the combined negotiations of plaintiff and defendant with the buyer for the sale or installation of the golf course and driving range had terminated”. This contention is based on the fact that, on March 31, 1964, Castellucci and his wife executed a construction agreement with another contractor. However, this fact was not known to either plaintiff or defendant. The construction contemplated under this agreement was not accomplished, and Castellucci continued negotiations with the defendant. We perceive no error in the refusal by the trial judge to receive the other contract in evidence. Castel-Lucci testified in detail regarding it, and the- jury was instructed that such a contract had been made. No useful purpose would have been served by making the contract itself a part of the record. Indeed, it is stated in appellant’s brief that the non-admission of this exhibit may be “academic”.
In summary, we have concluded from our review, of the instant record that the question involved on this appeal was properly determined in the court below. Plaintiff’s agency was never terminated. The plain
Judgment affirmed.
Plaintiff offered a subsequent letter • from defendant's division director dated January 21, 1964, wbicb reads as follows: “Dear Paul: Just a little note to inform you that I’m working very closely with'Joe Castellucei, and I am to meet with him in the first part of February. . As I previously suggested, please don’t contact him. You will be fully protected commission-wise. It looks real good”.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.