Opinion
October 10, 1957.
December 2, 1957.
Real estate brokers — Licenses — Suspension — Knowingly making false promise of character likely to influence — Conduct demonstrating incompetency or bad faith — Evidence — Findings of commission — Judicial review — Real Estate Brokers License Act.
1. On appeal by a real estate broker from an order of the court below dismissing his appeal from an adjudication of the State Real Estate Commission suspending his license, in which it appeared that the court below found that there was competent evidence to sustain findings and support conclusions of the commission that appellant had violated § 10(a)(2) and (3) of the Real Estate Brokers License Act of May 1, 1929, P.L. 1216, as amended, which empower the commission to suspend or revoke a license when the broker has been guilty "of knowingly making any false promise of a character likely to influence, persuade or induce", or "of any act or conduct in connection with a real estate transaction which demonstrates incompetency, bad faith, or dishonesty", it was Held that the order of the court below should be affirmed.
2. On appeal by a real estate broker to the court below from a decision of the State Real Estate Commission suspending his license, it is the duty of the court to determine whether the findings of fact of the commission are supported by competent evidence; it is not for the court below to see if other findings could have been made.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 36, March T., 1958, from order of Court of Common Pleas of Dauphin County, 1956, Commonwealth Docket No. 402, in case of State Real Estate Commission of the Commonwealth of Pennsylvania v. Earl A. Harris. Order affirmed; reargument refused December 24, 1957.
Appeal of licensee to common pleas from decision of State Real Estate Commission suspending broker's license.
Order entered dismissing appeal, opinion by RICHARDS, P.J. Defendant appealed.
R. Winfield Baile and George W. Thompson, for appellant.
Harry L. Rossi, Deputy Attorney General, with him Elmer T. Bolla, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.
Argued October 10, 1957.
The order of the court below is affirmed on the opinion of President Judge RICHARDS, as reported in 10 Pa. D. C. 2d 209.