Ebert v. Haskell
Massachusetts Supreme Judicial Court
Contract, alleging in the second count, which alone is material, that on or about October 1, 1909, the plaintiff, having been authorized by the trustees of the Boston Young Men’s Christian Association to sell some property situated at the corner of Berkeley and Boylston Streets in Boston, offered that property for sale to the defendant, and that the defendant promised him that, if the defendant could effect a sale of the property to any of the defendant’s clients, he would…
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Contract, alleging in the second count, which alone is material, that on or about October 1, 1909, the plaintiff, having been authorized by the trustees of the Boston Young Men’s Christian Association to sell some property situated at the corner of Berkeley and Boylston Streets in Boston, offered that property for sale to the defendant, and that the defendant promised him that, if the defendant could effect a sale of the property to any of the defendant’s clients, he would pay the plaintiff one per cent of the purchase price, provided, however, that the plaintiff would promise not to mention…
1Opinion of the CourtSheldon, J.
The plaintiff was not a mere middleman charged with no other duty than that of bringing possible purchasers into communication with the owner of the property. In the second count of his declaration, the only one upon which he relied at the trial, he averred that he had been authorized by the trustees of the Boston Young Men’s Christian Association to sell the property, and that he offered it for sale to the defendant. His testimony at the trial, although apparently he sometimes sought to avoid calling himself a broker, was to the same effect. But in legal intendment he described himself…
2Cases cited8 opinions
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Veasey v. CarsonMassachusetts Supreme Judicial Court · 1900
- Sullivan v. TuftsMassachusetts Supreme Judicial Court · 1909
- Cameron v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Spritz v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1940
- Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
- Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950
20 more not listed; retrieve them via the Exa API.