Legal Opinion

Walker v. Tirrell

Massachusetts Supreme Judicial Court

Decided March 15, 1869PublishedCited by 18 opinions

Contract by a broker on a written agreement of the deendant concerning a sale or exchange of his house and land in North Weymouth; with a count for services rendered in negotiations for such a sale. Trial in the superior court, before Lord, J., who, after the plaintiff’s counsel had opened the case, ruled that his offer of proofs would not support the action, and directed a verdict for the defendant. The plaintiff alleged exceptions. The case is stated in the opinion.

1Opinion of the CourtChapman, C. J.

The defendant’s contract was in a writing making the following proposal: “ If you send, or cause to be sent to me, by advertisement or otherwise, any party with whom I may see fit and proper to effect a sale or exchange of my real estate above described, I will pay you the sum of two hundred dollars.” Above it was a description of the real estate referred to. The plaintiff declares on this contract, alleging its performance on his part; and adds a general count for his services in the performance of it.

But though he made all proper efforts, and found a person who offered to purchase the…

2Cited by18 opinions

  1. Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
  2. Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
  3. Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
  4. Ayres v. ThomasCalifornia Supreme Court · 1897
  5. Hyams v. MillerSupreme Court of Georgia · 1883

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