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WILKINSBURG REAL ESTATE & TRUST CO. v. LEWIS ET AL. (07/14/53)

July 14, 1953

WILKINSBURG REAL ESTATE & TRUST CO.
v.
LEWIS ET AL.



COUNSEL

John T. Conner, Samuel W. Pringle and Dalzell, Pringle, Bredin & Martin, Pittsburgh, for appellants.

William L. Jacob and William L. Jacob, Jr., Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther and Wright, JJ.

Author: Ross

[ 173 Pa. Super. Page 374]

ROSS, Judge.

The Wilkinsburg Real Estate and Trust Company instituted this action of assumpsit to recover the sum of $1,056 from Ben Lewis and Nat Hopper, individually and as partners doing business as Motor Sales Company. The money was alleged to be due plaintiff as its commission for procuring a tenant for premises owned by Lewis and Hopper as tenants in common. The case came on for trial in the County Court of Allegheny County before Judge Brown and a jury. The trial judge granted a motion for compulsory non-suit as to the partnership but submitted the case against the defendants as individuals to the jury, which returned a verdict for plaintiff. After defendants' motions for a new trial and for judgment n. o. v. were denied, and judgment entered on the verdict, they appealed to this Court, contending that the court below erred in refusing to grant their motions for judgment n. o. v.

The plaintiff, all conflicts having been resolved in its favor, is entitled to have the evidence supporting

[ 173 Pa. Super. Page 375]

    its verdict considered and all the rest rejected. Sorrentino v. Graziano, 341 Pa. 113, 17 A.2d 373; Pinto v. Bell Fruit Co., Inc., 148 Pa. Super. 132, 24 A.2d 768; Valentine v. Philadelphia Transp. Co., 167 Pa. Super. 592, 76 A.2d 471.

On February 17, 1950 the plaintiff received a telephone call from the defendant Lewis stating that the defendants wanted to lease or sell the property involved in this case. Pursuant thereto two employes of the plaintiff, Allen Dick and William Davis, went to defendants' place of business and talked with Lewis relative to securing a tenant for the property. The rental set by Lewis was $800 a month. At the trial Dick testified that the term originally discussed was 'about 10 years' but that 'What we proposed was a five year lease with a four year option'. The defendant Lewis testified that the term discussed was 'something along five years' and stated further that he told Dick he wanted a rental of $1,000 a month.

On or about March 15, 1950 plaintiff received a letter from Frank Reich, a Pittsburgh attorney, containing an offer by 'United Electronics, Inc., a Pennsylvania corporation yet to be incorporated' to rent the defendants' building. The letter proposed a lease for a term of four years at a rental of $750 a month for the first two years and $800 a month for the remaining two years, with an option to continue said lease for an additional period of five years at a rental of $800 a month 'plus any increase in County, School and Borough taxes'. The letter set forth a number of terms proposed for inclusion in the lease. The defendant Lewis rejected the offer of United Electronics, Inc. on the ground that the rent was not high enough.

The plaintiff received a second letter from Reich wherein the offer of United Electronics, Inc. was for a term of four years ...


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