Whitcomb v. Bacon
Massachusetts Supreme Judicial Court
Contract, to recover a commission on a sale of real estate in Boston. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. About July 20, 1895, the defendant employed the plaintiffs to sell a certain building in Boston, telling them that he wished to sell it within ten days, as he needed money for a special purpose, and that he would put it exclusively in their hands for sale.
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Contract, to recover a commission on a sale of real estate in Boston. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. About July 20, 1895, the defendant employed the plaintiffs to sell a certain building in Boston, telling them that he wished to sell it within ten days, as he needed money for a special purpose, and that he would put it exclusively in their hands for sale. At the end of the ten days, a sale not having been made, the defendant told the plaintiffs he had obtained the money he needed for the special purpose, but that he…
1Opinion of the CourtAllen, J.
It has been held by us in two recent cases that' a broker who does not have the exclusive sale of real estate does not become entitled to a commission merely by bringing the property to the attention of the person who finally buys it, but he must also show that his services were the efficient or effective means of bringing about the actual sale. Dowling v. Morrill, 165 Mass. 491. Crowninshield v. Foster, 169 Mass. 237. Where two or more brokers are employed, there is no implied contract to pay more than one commission, and it therefore becomes necessary to lay down a rule for determining…
2Cases cited7 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Insurance Co. v. Transportation Co.Supreme Court of the United States · 1871
- Michigan Central Railroad v. BurrowsMichigan Supreme Court · 1875
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Kacavas v. DiamondMassachusetts Supreme Judicial Court · 1939
- John T. Burns & Sons Inc. v. HandsMassachusetts Supreme Judicial Court · 1933
- Rosenfield v. WallSupreme Court of Connecticut · 1920
- Walsh v. GrantMassachusetts Supreme Judicial Court · 1926
- French v. McKayMassachusetts Supreme Judicial Court · 1902
46 more not listed; retrieve them via the Exa API.