Bowditch v. E. T. Slattery Co.

The plaintiffs, vendors of certain real estate, sue to recover from the defendant, the purchaser, the amount which they have paid in satisfaction of a judgment obtained against them by a broker for a commission upon the sale. • The sale agreement provided: “As the price agreed upon is based on no Broker’s Commission, being paid by either party, it is hereby agreed that the party of the second part [the defendant] shall pay all Broker’s Commission if by any chance it may be necessary to pay a Broker’s Commission.” It further provided: “If the party of the first part shall be unable to give…