Gilbert v. Merrimac Development Corp.

This is an action of contract to recover $1,920.00 alleged to be due under an oral agreement between parties dated August 12, 1953, whereby the plaintiff was to receive from the defendant 5% on all business procured by plaintiff for defendant. Defendant’s answer is general denial, waiver of payment, illegality of the agreement, ultra vires, and the Statute of Frauds.

There was evidence at the trial that the Dartmouth Box Co. had secured a government contract and that plaintiff, who was treasurer of the company, had requested defendant to take an assignment of the contract. Defendant declined…