Opinion
October 5, 1943.
January 27, 1944.
Trusts and trustees — Contracts — Sale of real estate — Acceptance of higher offer — Broker's commissions — Acts of July 2, 1941, P.L. 227 and June 7, 1917, P.L. 363.
1. The Act of July 2, 1941, P.L. 227, amending section 9 of the Orphans' Court Act of June 7, 1917, P.L. 363, recognizes the duty of a trustee, who has entered into an agreement for the sale of real estate held in trust, acting in good faith, to refuse to carry out the agreement, if he receives a higher offer for said real estate prior to the time fixed for settlement, and provides for the division of the commissions earned between the respective real estate brokers concerned.
2. Clark v. Provident Trust Co., Trustee, 329 Pa. 421, and Kargiatly v. Provident Trust Co., 338 Pa. 358, followed.
Before KELLER, P.J., BALDRIGE, STADTFELD, RHODES, HIRT and KENWORTHEY, JJ. (RENO, J., absent).
Appeal, No. 144, Oct. T., 1943, from judgment of C.P. No. 1, Phila. Co., Dec. T. 1941, No. 3562, in case of Morris Bolen v. Boyd Lee Spahr, Trustee. Judgment affirmed.
Assumpsit. Before LEVINTHAL, J.
Verdict for plaintiff. Judgment entered for defendant n.o.v. Plaintiff appealed.
Samuel J. Gottesfeld, with him Sigmund H. Steinberg, of Blanc Steinberg, for appellant.
Hamilton C. Connor, Jr., with him Ballard, Spahr, Andrews Ingersoll, for appellee.
Argued October 5, 1943.
This appeal by the plaintiff is ruled against him by the decisions of our Supreme Court in Clark v. Provident Trust Co., Trustee, 329 Pa. 421, 198 A. 36; Kargiatly v. Provident Trust Co., 338 Pa. 358, 12 A.2d 11; Orr's Estate, 283 Pa. 476, 129 A. 565.
The Act of July 2, 1941, P.L. 227, amending section 9 of the Orphans' Court Act of June 7, 1917, P.L. 363, recognizes the duty of a trustee, who has entered into an agreement for the sale of real estate held in trust, acting in good faith, to refuse to carry out the agreement, if he receives a higher offer for said real estate prior to the time fixed for settlement, and provides for the division of the commissions earned between the respective real estate brokers concerned. See our case of Neely v. Penna. Co., etc., 152 Pa. Super. 70, p. 73, 30 A.2d 729, p. 731.
The judgment is affirmed.