Kingsley v. Davis
Massachusetts Supreme Judicial Court
Contract by brokers for commissions; submitted to the judgment of the court on these agreed facts: “ The plaintiffs on November 12,1868, procured a purchaser for a house belonging to the defendant, who is, and was at that time, a married woman, and held the legal estate in said house in her own right.
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Contract by brokers for commissions; submitted to the judgment of the court on these agreed facts: “ The plaintiffs on November 12,1868, procured a purchaser for a house belonging to the defendant, who is, and was at that time, a married woman, and held the legal estate in said house in her own right. Previously, John J. Davis, her husband, in his own behalf, and also acting for her and in her presence, requested the plaintiffs to find a purchaser for the house; and in the conversation between the parties, at that time, the defendant also requested the plaintiffs to find a purchaser. On…
1Opinion of the CourtMorton, J.
We are unable to see how, in any aspect of the facts of this case, the plaintiffs can recover. There is no evidence that the plaintiffs performed the services sued for upon the credit of the defendant, or that she entered into a several contract with them. The facts stated, if they show any contract by the defendant, show a joint contract by herself and her husband. Upon such a contract the plaintiffs could not maintain this action. The judgment which he has taken against one of the joint debtors is a bar to any future action against the other. Ward v Johnson, 13 Mass. 148. Gibbs v. Bryant, 1…
2Cases cited2 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
3Cited by30 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Phillips v. RookerTennessee Supreme Court · 1915
- Ward v. Green, GuardianTexas Supreme Court · 1895
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