Durgin v. Somers
Massachusetts Supreme Judicial Court
Contract against William Somers, J. H. Kling, E. W. Roff, Cyrus J. Anderson and W. C. Huntington, copartners under the style of William Somers & Co., to recover for services rendered in procuring a purchaser for a lot of land in Boston. The declaration contained two counts, the first alleging that the plaintiff was employed by the defendants to sell, or procure a purchaser for the land, and setting forth the services rendered ; and the second upon an account annexed.
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Contract against William Somers, J. H. Kling, E. W. Roff, Cyrus J. Anderson and W. C. Huntington, copartners under the style of William Somers & Co., to recover for services rendered in procuring a purchaser for a lot of land in Boston. The declaration contained two counts, the first alleging that the plaintiff was employed by the defendants to sell, or procure a purchaser for the land, and setting forth the services rendered ; and the second upon an account annexed. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : It appeared in…
1Opinion of the CourtMorton, J.
This is an action to recover for services rendered in the sale of a lot of land in Boston. The evidence tended to show that Tuxbury, the owner of the land, had given a bond to convey it to Newman and Colby at the price of thirty-five cents per foot; that a considerable part of the price had been paid by Newman and Colby; that the defendants, in pursuance of an arrangement made with said firm and their creditors, took all their assets upon payment of a certain sum; that in order to avail themselves of the conditional interest they thus had in the land, *60they were desirous of selling it, and…
2Cases cited1 opinion
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
3Cited by11 opinions
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Colburn v. GrotonSupreme Court of New Hampshire · 1889
- Rudd v. DeweySupreme Court of Iowa · 1903
- Hathaway v. ShalomMassachusetts Supreme Judicial Court · 1914
- Matthews v. FarrellSupreme Court of Alabama · 1903
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