Rosenthal v. Schwartz
Massachusetts Supreme Judicial Court
Contract to recover $200 as a commission for procuring one Charles F. Wilinsky as the purchaser of certain real estate numbered 177,179 and 181 on Chambers Street in Boston.
Read the full summary
Contract to recover $200 as a commission for procuring one Charles F. Wilinsky as the purchaser of certain real estate numbered 177,179 and 181 on Chambers Street in Boston. Writ in the Municipal Court of the City of Boston dated July 10, 1911. The answer contained a general denial and also annexed a copy of an agreement in writing for the sale of the real estate in question, alleging that under the terms of the agreement the defendant was not liable to the plaintiff because no title had passed under the agreement, which was a condition precedent to the plaintiff’s right to payment. On appeal…
1Opinion of the CourtBraley, J.
If it be assumed that the premises were part of the intestate’s estate, the defendant, even if as vendor he purported to act in his representative capacity as administrator, is personally bound by the stipulations with the plaintiff. Luscomb v. Ballard, 5 Gray, 403, 405. Durkin v. Langley, 167 Mass. 577, 578. Lyman v. National Bank of the Republic, 181 Mass. 437, 438. Tuttle v. First National Bank of Greenfield, 187 Mass. 533, 535. Dunham v. Blood, 207 Mass. 512. King v. Stowell, 211 Mass. 246, 250, 251.
But, as there has been no conveyance, the defendant contends that because payment was to…
2Cases cited11 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Tuttle v. First National BankMassachusetts Supreme Judicial Court · 1905
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Burk v. SchreiberMassachusetts Supreme Judicial Court · 1903
- Goodnough v. KinneyMassachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Tristram's Landing, Inc. v. WaitMassachusetts Supreme Judicial Court · 1975
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
- A. J. Wolfe Co. v. Baltimore Contractors, Inc.Massachusetts Supreme Judicial Court · 1969
21 more not listed; retrieve them via the Exa API.