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REAL ESTATE CO. OF PGH. v. CAVAZZA

174 Pa.Super. 19 (1953)

Real Estate Company of Pittsburgh v. Cavazza, Appellant.

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

John A. Metz, Jr., with him John A. Metz, for appellants.

S.V. Albo, with him M.E. Catanzaro, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER and WRIGHT, JJ.

OPINION BY GUNTHER, J., July 14, 1953:

This was an action in assumpsit to recover a real estate broker's commission. It is alleged that the owner listed the property with the broker who procured a buyer, negotiated a sale, received hand money and turned it over to the owner. The owner, however, sold the premises to his tenant and returned the hand money procured from the prospective purchaser. The affidavit of defense denied broker's right to any commission alleging...

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