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SYLVESTER v. BECK. (03/13/62)

March 13, 1962

SYLVESTER, APPELLANT,
v.
BECK.



Appeal, No. 71, Jan. T., 1962, from judgment of Court of Common Pleas of Montgomery County, April T., 1959, No. 551, in case of Julius J. Sylvester and Olga R. Sylvester v. George E. Beck. Judgment affirmed.

COUNSEL

William C. Cahall, III, for appellants.

Harry M. Sablosky, with him Maxwell Strawbridge, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Eagen

[ 406 Pa. Page 608]

OPINION BY MR. JUSTICE EAGEN

Plaintiffs, husband and wife, sued defendant, a real estate broker, for damages alleging a breach of trust in the purchase and resale of real estate. Plaintiffs won a jury verdict in the amount of $9000. The lower court entered judgment for the defendant notwithstanding the verdict. Plaintiffs appeal.

The record read in the light most favorable to the plaintiffs' cause discloses the following: The plaintiffs were the owners of an unimproved piece of land near King of Prussia in Upper Merion Township, Montgomery County. In the winter of 1958, the defendant approached the plaintiffs and asked if they were willing to sell, stating that an oil company was interested in the property and that the company would either buy, rent, or lease it. The plaintiffs told the defendant that they were interested only in selling. The defendant was then authorized to sell the property for $15,000 and he displayed his broker's "for sale" sign thereon.

Several weeks later, the defendant phoned one of the plaintiffs and offered to purchase the property for himself for the sum of $11,000. This offer was refused. Subsequent offers to purchase for $12,000 and $13,000 were submitted by the defendant, which were refused. Finally, the plaintiffs agreed to sell the property to the defendant for the sum of $14,000, and a written contract of sale was entered into by the parties on March 12, 1958. During these negotiations, one of the plaintiffs

[ 406 Pa. Page 609]

    asked the defendant, "What happened to the oil company?" He responded, "They are not interested, you want too much money for it."

The contract of sale provided for the payment of $100 down; the balance to be paid within three months.

On April 8, 1958, the defendant negotiated a resale of the property from himself to one David Epstein for the sum of $25,000. The contract provided for the payment of $2500 down and the balance to be paid on or before June 30, 1958. The ...


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