Gleason v. Nelson
Massachusetts Supreme Judicial Court
Contract, to recover the price of lumber sold by the plaintiff to the defendant. The answer was a general denial. The defendant also filed a declaration in set off, claiming a credit of $50 as a commission for effecting the sale of the plaintiff’s business as blacksmith and carriage-maker at Gardner, Mass. To this declaration in set off, the plaintiff filed a general denial.
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Contract, to recover the price of lumber sold by the plaintiff to the defendant. The answer was a general denial. The defendant also filed a declaration in set off, claiming a credit of $50 as a commission for effecting the sale of the plaintiff’s business as blacksmith and carriage-maker at Gardner, Mass. To this declaration in set off, the plaintiff filed a general denial. At the trial in the Superior Court before Bishop, J., the defendant did not contest his liability for the price of the lumber; and upon the question of the plaintiff’s liability for the commission claimed by the…
1Opinion of the CourtAllen, J.
The general rule of law applicable to a case like this is, that, where there has been no direct communication between the broker and the purchaser, it must be shown affirmatively that the latter was induced to enter into the negotiations which resulted in the purchase through the means employed by the broker for that purpose. If the broker employed other persons to aid him, whether under pay or not, or if he put up maps, signs, notices, or otherwise advertised the property, by *250means of which a person was induced to open negotiations with the owner which resulted in his buying the property,…
2Cases cited8 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
- Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Holton v. ShepardMassachusetts Supreme Judicial Court · 1935
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
- Hill v. IglehartCourt of Appeals of Maryland · 1924
24 more not listed; retrieve them via the Exa API.