Ward v. Fletcher
Massachusetts Supreme Judicial Court
Contract, by a real-estate broker, to recover a commission on the sale of a lot of land in Cambridge to the defendant. At the trial in the Superior Court, the plaintiff testified that the defendant’s husband called his attention to the lot in November, 1875, and said he would like to have him undertake to sell it; that on December 20, 1875, the defendant came to his office and repeated the request, and agreed to pay him the commission sued for, if he got $7200; that he told…
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Contract, by a real-estate broker, to recover a commission on the sale of a lot of land in Cambridge to the defendant. At the trial in the Superior Court, the plaintiff testified that the defendant’s husband called his attention to the lot in November, 1875, and said he would like to have him undertake to sell it; that on December 20, 1875, the defendant came to his office and repeated the request, and agreed to pay him the commission sued for, if he got $7200; that he told her he knew of a man who was looking for a lot, gave the man’s name, and agreed to go, and did go, to see him, and told…
1Opinion of the CourtGray, C. J.
The only contract between the parties, which the testimony of the plaintiff tended to prove, was that the defendant promised to pay him the commission sued for, if he sold the land for her at a certain price. There was no evidence of usage, or that the defendant agreed that the plaintiff should have the exclusive right to sell the land; and no evidence that would warrant the jury in finding that the purchaser either came to an agreement with the plaintiff to take the land at that price, or bought the land upon information received from him. One broker, who is unsuccessful in effecting a sale,…
2Cases cited3 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Loud v. HallMassachusetts Supreme Judicial Court · 1871
3Cited by30 opinions
- John T. Burns & Sons Inc. v. HandsMassachusetts Supreme Judicial Court · 1933
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
- Bartlett v. KeithMassachusetts Supreme Judicial Court · 1950
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
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