Oben v. Ducharme
Supreme Court of Vermont
Action op Book Account to recover commission for sale of defendant’s farm. Plea, the general issne. Trial by Court at the March Term,' 1918, Orleans County, Slack, J., presiding. Judgment for the defendant. The plaintiff excepted.
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Action op Book Account to recover commission for sale of defendant’s farm. Plea, the general issne. Trial by Court at the March Term,' 1918, Orleans County, Slack, J., presiding. Judgment for the defendant. The plaintiff excepted. Statement by Watson, C. J. In the fall of 1915 the defendant, desiring to sell his farm, situated in the town of Irasburg, on the 27th day of September placed the same in the hands of the plaintiff, a real estate broker at Newport, for that purpose, entering into a written contract which is made a part of the findings of fact. By that contract the plaintiff agreed…
1Opinion of the CourtWatson, C. J.
Counsel disagree as to what the parol agreement found and stated by the trial court in fact was: On the part of the plaintiff it is said that of the words “for the price and upon the terms named in the former written .contract,” the words “upon the terms” have reference to the commission which was to be paid if the property “is sold, exchanged or bargained for either” by the plaintiff or by defendant; while on the part of defendant it is urged that those words, used as they are in connection with the price specified, have reference to the payment of such purchase price.
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2Cases cited14 opinions
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Walker v. Baldwin & FrickCourt of Appeals of Maryland · 1907
- Lockhart v. . HamlinNew York Court of Appeals · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bernstein v. Held (In Re Bernstein)United States Bankruptcy Court, D. Vermont · 1986
- Osler v. LandisSupreme Court of Vermont · 1980
- Kelly v. BeaudoinSupreme Court of Vermont · 1972
- Fairbanks v. Frank and Tr.Supreme Court of Vermont · 1935
- Home Real Estate Agency v. NadeauSupreme Court of Vermont · 1922
4 more not listed; retrieve them via the Exa API.