Caston v. Quimby
Massachusetts Supreme Judicial Court
Contract to recover $40 as a commission for procuring a loan for three years upon certain real estate of the defendants. Writ dated October 5,1899. In the Superior Court the case was heard upon agreed facts and judgment entered for the plaintiffs; and the defendants appealed to this court.
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Contract to recover $40 as a commission for procuring a loan for three years upon certain real estate of the defendants. Writ dated October 5,1899. In the Superior Court the case was heard upon agreed facts and judgment entered for the plaintiffs; and the defendants appealed to this court. The agreed facts were as follows: The defendant, Etta E. Quimby, the owner of certain land at Malden, made an application by her husband and agent, Israel P. Quimby, to the plaintiffs to procure a loan of $2,000 upon a mortgage of her property in Malden. The plaintiffs thereupon applied to the Woodlawn…
1Opinion of the CourtLoring, J.
The plaintiffs in this case have not earned a commission. They were employed by the defendants to find some one who would lend them $2,000 on a mortgage of land. That means $2,000 to be repaid in whatever is by the laws of the United States legal tender.
The plaintiffs did not succeed in finding such a person; the person produced by them was not willing to lend on the terms stated by the defendants but insisted on inserting a clause “ that the principal and interest named in said mortgage should be paid in gold.” That means that it can be paid only in gold. Bronson v. Rodes, 7 Wall. 229.…
2Cases cited3 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Bronson v. RodesSupreme Court of the United States · 1869
- Independent Insurance v. ThomasMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Walsh v. GrantMassachusetts Supreme Judicial Court · 1926
- Gage v. BillingCalifornia Court of Appeal · 1910
- Brand v. Sterling Motor Car Co.Massachusetts Supreme Judicial Court · 1922