Carnes v. Howard
Massachusetts Supreme Judicial Court
Contract by real estate brokers for a commission of $250 for negotiating an exchange of certain real estate belonging to an estate of which the defendant was executor on Highland Street, in that part of Boston called Roxbury, for a house, barn and land at Natick belonging to one Charles H. Spring. Writ in the Municipal Court of the City of Boston dated July 27, 1900. Coming on appeal to the Superior Court, the case was tried before Braley, J., without a jury.
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Contract by real estate brokers for a commission of $250 for negotiating an exchange of certain real estate belonging to an estate of which the defendant was executor on Highland Street, in that part of Boston called Roxbury, for a house, barn and land at Natick belonging to one Charles H. Spring. Writ in the Municipal Court of the City of Boston dated July 27, 1900. Coming on appeal to the Superior Court, the case was tried before Braley, J., without a jury. It was agreed, that in the transaction in question the plaintiff Hardy acted as broker for both parties, to be paid in part by each,…
1Opinion of the CourtHammond, J.
At the request of the defendant the presiding judge ruled that “ It was the duty of the plaintiffs to effect the complete execution of a binding contract, in order to entitle them to commissions,” and under the other rulings adopted by him he must have found as facts that the plaintiff Hardy did not agree with the defendant to obtain from Spring a note for $200, and that the agreement between the defendant and Spring was binding on the latter. The evidence as to whether Howard agreed to get the note from Spring was conflicting, and warranted the-finding against the defendant On that point.…
2Cases cited1 opinion
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
3Cited by15 opinions
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