Smith v. Kimball
Massachusetts Supreme Judicial Court
Contract by a real estate broker for SI,825 as a commission on the sale of certain real estate, belonging to the defendant Caroline S. Kimball numbered 1511 to 1525 on Washington Street in Boston and known as the Hotel Sanford, alleged to have been effected by the services of the plaintiff.
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Contract by a real estate broker for SI,825 as a commission on the sale of certain real estate, belonging to the defendant Caroline S. Kimball numbered 1511 to 1525 on Washington Street in Boston and known as the Hotel Sanford, alleged to have been effected by the services of the plaintiff. Writ in the Municipal Court of the City of Boston dated August 19, 1904. On appeal to the Superior Court the case was tried before Harris, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendants. The plaintiff alleged exceptions.
1Opinion of the CourtSheldon, J.
Taking the most favorable view of the evidence for the plaintiff, the jury might have found that he, having learned in the autumn of 1902 that the Hotel Sanford might be bought, called upon the defendant Otis Kimball, who it is admitted had full authority to act for the other defendant, introduced himself as a real estate broker, and said that he thought he might sell the property for Mr. Kimball. He subsequently talked about the property with one W. G. Lincoln, who represented a possible purchaser, Alfred V. Lincoln, and obtained some tentative offers from him, though never himself meeting *584Al…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
- French v. McKayMassachusetts Supreme Judicial Court · 1902
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
- Walsh v. GrantMassachusetts Supreme Judicial Court · 1926
- O'Connell v. CaseyMassachusetts Supreme Judicial Court · 1910
- Sherman v. Briggs Realty Co.Massachusetts Supreme Judicial Court · 1941
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