ZITZELBERGER v. SALVATORE


312 Pa.Super. 402 (1983)

458 A.2d 1021

Edmund J. ZITZELBERGER t/d/b/a Zitzelberger Realtors v. Harry J. SALVATORE and Margaret M. Salvatore, Appellants.

Superior Court of Pennsylvania.

February 25, 1983.

Reargument Denied May 9, 1983.

Petition for Allowance of Appeal Denied October 13, 1983.


Attorney(s) appearing for the Case

Thomas F. Morgan, Clearfield, for appellants.

Timothy E. Durant, Clearfield, for appellee.

Before CERCONE, President Judge, and WIEAND and BECK, JJ.


WIEAND, Judge:

Where improved real estate is sold by a broker but the improvements are destroyed by fire prior to final settlement and the seller voluntarily releases the buyer from further obligation under the contract of sale, is the broker entitled to recover his commission for effecting the sale? The trial court held that the broker was entitled to recover a commission and refused to enter judgment n.o.v. for the seller after a jury had returned a verdict in favor...

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