Trowbridge v. Wetherbee
Massachusetts Supreme Judicial Court
Contract brought to recover one third part of the profits made on the sale of certain real estate. At the trial in the superior court, before Morton, J., the plaintiff offered paroi evidence to show that in July or August 1860 he ascertained that one Tappan had for sale a piece of real estate in Roxbury, and that he negotiated for the purchase thereof, and caused the same to be conveyed by said Tappan, by a deed in the common form, to Louis S. Robbins, of New York; that…
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Contract brought to recover one third part of the profits made on the sale of certain real estate. At the trial in the superior court, before Morton, J., the plaintiff offered paroi evidence to show that in July or August 1860 he ascertained that one Tappan had for sale a piece of real estate in Roxbury, and that he negotiated for the purchase thereof, and caused the same to be conveyed by said Tappan, by a deed in the common form, to Louis S. Robbins, of New York; that Robbins furnished a part of the purchase money, and gave a mortgage for the balance of the consideration; that the defendant…
1Opinion of the CourtChapman, J.
It appears by the bill of exceptions that the plaintiff had discovered that there was in Roxbury a tract of land for sale at a price which he,thought advantageous to the purchaser, and he believed that some money could be made by buying it to sell again. He therefore agreed with Robbins and the defendant that they should take a conveyance of the land to themselves, pay a part of the purchase money, and give a mortgage to secure the balance; that the property should be managed, improved and sold by joint arrangement of the parties, and after it was sold the net proceeds should be equally…
2Cases cited1 opinion
- Bunnel v. Taintor's administratorSupreme Court of Connecticut · 1823
3Cited by4 opinions
- Schmidt v. BryantSupreme Court of North Carolina · 1960
- Hagelin v. WacksSupreme Court of Minnesota · 1895
- Roberts v. RemlingerSupreme Court of New Jersey · 1929
- Wright v. SmithCourt of Appeals for the Second Circuit · 1901