Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

DOWNING v. HALLE BROS. CO. (04/20/59)

April 20, 1959

DOWNING, APPELLANT,
v.
HALLE BROS. CO.



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.

COUNSEL

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.

Author: Mcbride

[ 395 Pa. Page 404]

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

[ 395 Pa. Page 405]

    to prior sale, this authority is for a period of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.