Gibson's Estate
Gibson's Estate
Opinion of the Court
After a careful and attentive reading of the testimony in this case we think the opinion and findings of the auditing judge are sustained, and, being confirmed by the decree of the orphans’ court, we regard the decree so far as the facts are concerned as we would the verdict of a jury, the question at issue being a question of fact only. It is clear upon the testimony of Mr. Dechert, and it was so found by the auditing judge, and confirmed by the orphans’ court, that the appellee was the person who first brought the buyer and seller together. It is also clearly proved by Mr. Dechert that when he had his first interview with Mr. Gibson he told Mr. Gibson that the property had been submitted to him by Mr. Diehl, and stated the price which Diehl said was asked by Mr. Gibson, $125,000. To this Mr. Gibson made no demur or disclaimer of Mr. Diehl’s
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Full Case Name
- Gibson's Estate. Fidelity Insurance Trust and Safe Deposit Co.'s Appeal
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- Principal and agent — Beal estate broker — Commissions. Where a real estate broker has commenced negotiations with a purchaser, the owner cannot, while such negotiations are pending, take it into his own hands and complete it, either at or below the price first limited, and then refuse to pay commissions. A real estate broker claimed, from the estate of decedent, commissions for the sale of real estate made for decedent during his lifetime. It was shown by the evidence that when the purchaser had his first interview with decedent about the real estate he told decedent that the property had been submitted to him by the broker, and stated the price which the broker said was asked by decedent. To this decedent made no demurrer or disclaimer of the broker’s authority to' act for him. The negotiation after that was conducted by the purchaser and decedent. Eelcl, that the evidence would support a finding that claimant was entitled to recover.