DocketNumber: Appeal, No. 56
Citation Numbers: 27 Pa. Super. 598
Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith
Filed Date: 3/14/1905
Status: Precedential
Modified Date: 2/18/2022
Opinion by
' The defendant was the owner of a life estate in two lots in the city of Scranton. Richard McHugh and his brother and sister were the owners of the remainder. Negotiations had been in progress from time to time for several months prior to July, 1902, between- Richard McHugh, representing himself and brother and sister, and the defendant, looking to a sale of the life estate to the owners of the remainder. The parties were not able to agree on a price,- however, and the negotiation was broken off. The plaintiff alleged that about July 10, 1902, the defendant solicited his services to induce Richard McHugh to purchase her interest in the property, and as an inducement so to do, promised the plaintiff that if he would aid her “ by solicitation of and recommendation to and influence of plaintiff” with McHugh, in making sale to said McHugh and his brother and sister of the defendant’s interest in the land referred to, the defendant would pay to the plaintiff when she had made the sale contemplated, five per cent of the sum she might receive for her interest in the property; that he accepted the proposition of the defendant, and in pursuance thereof devoted a, great deal of time to the service- of the defendant, used his influence with Richard McHugh, interviewed him frequently in reference to the property, and in every way encouraged, solicited and recommended -to McHugh the purchase of the defendant’s -interest therein. The plaintiff’s evidence in support of his claim was corrobqrated to some extent by the testimony of other witnesses.- The defendant positively denied that she ever entered into any such agreement with the plaintiff, or that she had any
The judgment is affirmed.