Holden v. Starks
Massachusetts Supreme Judicial Court
Contract, to recover $50 as a commission for selling the defendant’s real estate. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the plaintiff; and, by consent of the parties, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
By the terms of the report, if the verdict for the plaintiff was warranted by any evidence which was properly admitted, it is to stand; otherwise, it is to be set aside and judgment entered for the defendant.
It was proved, and not disputed, that the plaintiff made a contract of sale of the defendant’s house and lot to one who for a long time afterward was able, ready, and willing to take the property and pay for it the price agreed, and who was prevented *504from doing so by the defendant’s refusal to carry out the contract. A payment of part of the purchase money was made to the plaintiff, with…
2Cases cited5 opinions
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Desmond v. StebbinsMassachusetts Supreme Judicial Court · 1885
- Loud v. HallMassachusetts Supreme Judicial Court · 1871
- Witherell v. MurphyMassachusetts Supreme Judicial Court · 1888
3Cited by18 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Hamburger & Dreyling v. ThomasTexas Supreme Court · 1910
- Gilliland v. JaynesSupreme Court of Oklahoma · 1912
- Whitkin v. MarkarianMassachusetts Supreme Judicial Court · 1921
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