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BERBERICK v. KUCERA ET UX. (01/17/56)

January 17, 1956

BERBERICK
v.
KUCERA ET UX., APPELLANTS.



Appeal, No. 112, April T., 1955, from judgment of County Court of Allegheny County, 1953, No. 2903, in case of George R. Berberick, Jr., and Ralph J. Karn, trading as Fidelity Real Estate Company v. Peter Kucera et ux. Judgment affirmed.

COUNSEL

John E. Winner, with him Floyd V. Winner, for appellants.

William D. Henning, for appellees.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ervin

[ 180 Pa. Super. Page 356]

OPINION BY ERVIN, J.

This was an action in assumpsit brought by plaintiffs, who were licensed real estate brokers, against the defendants, who were the owners of a property, to recover a commission for the sale of the property.

The single question involved is whether the services of the plaintiffs were the direct, immediate and efficient cause of the sale.

The case was tried before the lower court without a jury and judgment was entered for the plaintiffs. Upon dismissal of defendants' motions to open the judgment and for judgment on the whole record this appeal was taken.

The defendants engaged the plaintiffs to sell several tracts of real estate, including the one here involved. The property here involved was listed for sale at $10,000.00.

George R. Berberick, Jr., one of the plaintiffs, testified as follows: "The Court: Q. You heard Mr. Birtig testify here today about whether or not you showed him the property now owned by Birtig. Did you show it to him? A. I did, sir. Q. When? A. I would say some time during the month of September, the first part of September. Q. 1952? A. Correct. Q. Who was present? A. The first time, he and myself; the second time, with him and his wife. Q. That property is the property he bought? A. That is correct. Q. And which

[ 180 Pa. Super. Page 357]

    he owns today? A. Correct." Plaintiffs quoted the price of $50.00 a front foot for the 200 feet, making a total of $10,000.00. Mr. Birtig testified that ...


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