Opinion
March 19, 1964.
June 11, 1964.
Brokers — Sale of used machinery — Evidence — Oral contract — Apparent authority of buyer's employe — Custom as to amount of commission.
In an action in assumpsit for damages for breach of an alleged oral contract, in which it appeared that the court below, holding that the evidence was sufficient to establish that (a) defendant's employe orally employed plaintiff to purchase a used boring mill for defendant, that (b) the employe had apparent authority to bind defendant to such a contract, and that (c) there was a custom that used machinery brokers received a commission from buyers equal to 10% of the purchase price, and that various alleged trial errors were without merit, refused defendant's motions for a new trial and for judgment n.o.v., it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 75, Oct. T., 1964, from judgment of Court of Common Pleas of Delaware County, March T., 1960, No. 1933, in case of Pollock Industries, Inc. v. General Steel Castings Corporation. Judgment affirmed; reargument refused July 7, 1964.
Same case in court below: 33 Pa. D. C. 2d 383.
Assumpsit. Before TOAL, J.
Verdict for plaintiff and judgment entered thereon. Defendant appealed.
Edward F. Cantlin, with him Hinkson Cantlin, for appellant.
James C. Buckley, with him Jerome B. Apfel, Joel H. Weinrott, and Reilly Pearce, and Blank, Rudenko, Klaus Rome, for appellee.
Argued March 19, 1964.
The judgment of the Court of Common Pleas of Delaware County is affirmed on the able opinion of Judge WILLIAM R. TOAL, for the court below, reported at 33 Pa. D. C. 2d 383.