Leland v. Barber
Massachusetts Supreme Judicial Court
Contract to recover $435 as a commission for services as a' real estate broker in procuring a purchaser for the defendant’s' farm in Framingham and Ashland. Writ dated August 7, 1915. In the Superior Court the case was tried before Morton, J., without a jury. The facts as found by the judge are stated in the opinion.
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Contract to recover $435 as a commission for services as a' real estate broker in procuring a purchaser for the defendant’s' farm in Framingham and Ashland. Writ dated August 7, 1915. In the Superior Court the case was tried before Morton, J., without a jury. The facts as found by the judge are stated in the opinion. At the close of the evidence the defendant asked the judge to make the following rulings: "1. That the plaintiff cannot recover unless before noon on Tuesday, August 3, 1915, he produced to the defendant a customer ready, able and willing to enter into a binding, that is,…
1Opinion of the CourtRugg, C. J.
This is an action to recover a commission on a sale of real estate. It was tried before a "judge of the Superior Court, who found the facts and made a finding for the plaintiff. These facts must be accepted as true, for they are supported by. the *146evidence, and the contract between the plaintiff and the defendant, being oral, can be ascertained only from the testimony. The material facts are these: “The plaintiff, who was a real estate broker, had the defendant’s farm listed upon his books for sale for some time previous to July, 1915. . . . Some time later the plaintiff asked the defendant…
2Cases cited4 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Brilliant v. SamelasMassachusetts Supreme Judicial Court · 1915
3Cited by9 opinions
- Whitkin v. MarkarianMassachusetts Supreme Judicial Court · 1921
- Klayman v. SilbersteinMassachusetts Supreme Judicial Court · 1925
- Bruce v. MeserveMassachusetts Supreme Judicial Court · 1917
- Talbot-Windsor Corp. v. William A. C. Miller, IIICourt of Appeals for the First Circuit · 1962
- Simmons v. LibbeyNew Mexico Supreme Court · 1949
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