Hollis v. Weston
Massachusetts Supreme Judicial Court
Contract, to recover a commission of two and one half per cent on the sale of a piece of real estate in Duxbury. At the trial in the Superior Court, without a jury, before Bishop, J., the plaintiff, who was a resident of Duxbury, and whose principal business was that of a livery and boarding stable keeper therein, testified that he also did some real estate brokerage business there, and that the defendant employed him, in Duxbury, to sell a piece of real estate situated…
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Contract, to recover a commission of two and one half per cent on the sale of a piece of real estate in Duxbury. At the trial in the Superior Court, without a jury, before Bishop, J., the plaintiff, who was a resident of Duxbury, and whose principal business was that of a livery and boarding stable keeper therein, testified that he also did some real estate brokerage business there, and that the defendant employed him, in Duxbury, to sell a piece of real estate situated there, and that he effected a sale of the same for $15,500. The defendant testified that he never employed the plaintiff to…
1Opinion of the CourtKnowlton, J.
There was evidence from which the court might have found that the plaintiff was employed by the defendant to sell a piece of real estate in Duxbury, that he sold it for $15,500, and that no agreement was made in reference to the price to be paid for his services. Under such circumstances he would be entitled to receive a reasonable compensation.
It is unnecessary to decide whether the testimony admitted under objection could properly be understood as meaning that the usage referred to was not only general, but universal, and that it had existed so long that the defendant at the time of…
2Cases cited3 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Eggleston v. BoardmanMichigan Supreme Court · 1877
- Vilas v. DownerSupreme Court of Vermont · 1849
3Cited by9 opinions
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
- Penn v. Standard Life InsuranceSupreme Court of North Carolina · 1912
- Driscoll v. BunarMassachusetts Supreme Judicial Court · 1952
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- HW Kastor & Sons Adv. Co. v. Grove LaboratoriesDistrict Court, E.D. Missouri · 1945
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