Ward v. Cobb
Massachusetts Supreme Judicial Court
Contract for commissions on the sale of real estate for the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts, in substance as follows. The plaintiff is a real estate broker, and the defendant the owner of real estate in Cambridge, which she desired to sell, and placed in the plaintiff’s hands for that purpose.
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Contract for commissions on the sale of real estate for the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts, in substance as follows. The plaintiff is a real estate broker, and the defendant the owner of real estate in Cambridge, which she desired to sell, and placed in the plaintiff’s hands for that purpose. On August 2, 1887, the plaintiff received a card from the defendant, requesting him to call and see her, which he did, and on the next day communicated to the defendant an offer…
1Opinion of the CourtKrowlton, J.
The question at issue in this case is whether the agreement entered into between the defendant and Francis L. Brown was a sale of the defendant’s real estate, within the meaning of the contract declared on. The defendant’s counsel do not contend that the words in the contract, “ shall effect a sale,” exclude from consideration former efforts of the plaintiff to sell the property, if those efforts finally resulted in a sale. Before the written contract between the plaintiff and the defendant was made, the plaintiff had agreed with Brown on the terms of a sale, and had drawn up and submitted to…
2Cases cited6 opinions
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Love v. MillerIndiana Supreme Court · 1876
- Pearson v. MasonMassachusetts Supreme Judicial Court · 1876
- Desmond v. StebbinsMassachusetts Supreme Judicial Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Gilliland v. JaynesSupreme Court of Oklahoma · 1912
- Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
37 more not listed; retrieve them via the Exa API.