Jennings v. Pittsburgh Mercantile Co.

414 Pa. 641, 202 A.2d 51 (1964)

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Nature of the Case

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Facts

Jennings (P) met with the V.P. and treasurer-controller of Pittsburgh Mercantile (D), Egmore in order to discuss a sale and leaseback transaction. Egmore made the following representations to P; the executive committee controlled D and Egmore was a member of that committee that the executive committee would be responsible for accepting any offers produced by P, and subsequent board approval would be automatic if the executive committee approved of the transaction. Egmore promised P the payment of a commission if P produced an accepted offer. P brought three offers to Egmore, the first two were rejected and on the third P was informed by Egmore that the executive committee had agreed to the deal. Within one week Egmore then informed P that the deal was rejected. P asked for his commission, and this suit ensued. The transaction involved was not a transaction in the ordinary course of business. The jury gave the award to P and D moved for judgment N.O.V. and was denied. D appealed.