Appeal, No. 27, March T., 1959, from judgment of Court of Common Pleas of Erie County, Sept. T., 1957, No. 101, in case of F. B. Downing, Sr. v. The Halle Bros. Company. Judgment affirmed.
John M. Wolford, for appellant.
Irving Murphy, with him Gifford, Graham, MacDonald & Illig, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.
OPINION BY MR. JUSTICE MCBRIDE
This appeal is from an order granting defendant's motion for judgment on the pleadings. Therefore the material facts, as pleaded, will be accepted.
The Halle Bros. Company, defendant, owned a valuable piece of property used as a parking lot in Erie, Pennsylvania. Plaintiff, downing, who was a resident of Erie, acquired knowledge of the fact that defendant wished to sell its property and thereafter contacted the defendant corporation and its Cleveland realty agent, the Maerkle-White-Huxtable-Auble Co. He received, on January 31, 1952, a letter of authority from defendant's real estate agent to offer the lot to prospective purchasers according to the terms set forth therein.
"This letter will confirm our previous correspondence and various telephone conversations relative to the Halle Brothers Company real estate at 10th and French Streets, Erie, Pennsylvania. ...
"The real estate is for sale subject to the terms of existing lease. The price is $200,000. ...
"In a conference with Mr. Wright, of the Halle Brothers Company, as of yesterday, it was agreed that you again be authorized to offer the afore-described real estate to prospective purchaser or purchasers to whom it has not been previously submitted by me or by any other broker and who has no previous connection with any transaction involving the subject property. This listing is not exclusive with you and, subject
to prior sale, this authority is for a period of ...