JENNINGS V. PITTSBURGH MERCANTILE CO.
414 Pa. 641, 202 A.2d 51 (1964)
NATURE OF THE CASE: This was a dispute over a real estate brokerage commission.
FACTS: Jennings (P) met with the V.P. and treasurer-controller of Pittsburgh Mercantile
(D), Egmore in order to discuss a sale and leaseback transaction. Egmore made the following
representations to P; the executive committee controlled D and Egmore was a member of that
committee that the executive committee would be responsible for accepting any offers
produced by P, and subsequent board approval would be automatic if the executive committee
approved of the transaction. Egmore promised P the payment of a commission if P produced an
accepted offer. P brought three offers to Egmore, the first two were rejected and on the
third P was informed by Egmore that the executive committee had agreed to the deal. Within
one week Egmore then informed P that the deal was rejected. P asked for his commission and
this suit ensued. The transaction involved was not a transaction in the ordinary course of
business. The jury gave the award to P and D moved for judgment N.O.V. and was denied. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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