Tombs v. Alexander
Massachusetts Supreme Judicial Court
Contract for “ services in procuring a purchaser ” for a parcel of land in South Boston. At the trial in the superior court, before Brigham, J., without a jury, the judge found these facts: “ The defendant employed the plaintiffs, who were real estate brokers, to sell for him the estate for the agreed price for their services of fifty dollars; and, at the time they were so employed, stated to them the source of his title, and how he held the same, and that he could give a…
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Contract for “ services in procuring a purchaser ” for a parcel of land in South Boston. At the trial in the superior court, before Brigham, J., without a jury, the judge found these facts: “ The defendant employed the plaintiffs, who were real estate brokers, to sell for him the estate for the agreed price for their services of fifty dollars; and, at the time they were so employed, stated to them the source of his title, and how he held the same, and that he could give a warranty deed of the same; and the plaintiffs told him that they thought that they could sell it for him. Afterwards…
1Opinion of the CourtChapman, C. J.
The plaintiffs contend that they, as real estate brokers, found a purchaser for the defendant’s property, and brought the parties together, and thereby became entitled •to compensation. But the bringing of parties together includes the idea of their being bound to each other in a valid contract. Cook v. Fiske, 12 Gray, 491. If the broker finds a party willing to purchase, and his employer revokes his authority and refuses to sell, it has been held that the broker may recover a compensation for the services he has rendered. Prickett v. Badger, 1 C. B. (N. S.) 296. But that is not the present…
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