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4 Walk. 308

Cullberg v. Workman

Supreme Court of Pennsylvania

Decided February 5, 1883

Supreme Court of Pennsylvania · decided 1883-02-05

4 of Philadelphia County, No. 79 January Term, 1883. The charge of the Court was as follows, per Gentlemen —The facts of this case are very plain. Cap. tain Cullberg called upon Mr. Workman, desiring a freight for his vessel, with the understanding that if the broker secured him a cargo, he would pay him a commision for his services.

Decided 1883-02-05

¶1The Supreme Court affirmed the judgment of the Common Pleas on February 5, 1883, in the following opinion :

Per Curiam.

¶2The Court affirmed the point of plaintiff, that a ship-broker can recover commissions 'only where he effects a valid and binding contract, and cannot if there was a failure in any essential condition. There was no error in further saying substantially that if he brought the parties together whereby a contract was made, it was such a performance of the beneficial service as to entitle him to his commissions. If the active effort of the broker in that behalf resulted in the making of a charter-party, it was a sufficient completion of the undertaking to permit him to recover; Keys vs. Johnson, 68 Pa., 42; Reed’s Exs. vs. Reed, 82 Pa., 420. There is no cause for reversal.

¶3Judgment affirmed.

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