White v. Taylor
Supreme Court of Connecticut
Action by a real-estate broker to recover for his services in procuring a customer for the defendant’s retail liquor business, brought to the City Court of Waterbury and thence to the District Court of Waterbury, where the cause was tried to the jury before Reeves, J.; verdict and judgment for the defendant, and appeal by the plaintiff.
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Action by a real-estate broker to recover for his services in procuring a customer for the defendant’s retail liquor business, brought to the City Court of Waterbury and thence to the District Court of Waterbury, where the cause was tried to the jury before Reeves, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The plaintiff’s complaint alleged, in substance, that in September, 1914, the defendant was the owner of a retail liquor business in the town of Torrington; that on the day named he agreed with the plaintiff to sell the business ’within a reasonable time for…
1Opinion of the CourtShumway, J.
The material and controlling fact in the plaintiff’s case was the agreement set out in the complaint, and as the parties were directly at issue on this allegation, a verdict for the defendant necessarily implies a finding of this issue for the defendant, and the judgment must stand unless there is some material error in the charge to the jury.
The plaintiff complains of this paragraph taken from the charge: “If you believe that the defendant told White that before the sale of the business could be consummated the consent of the defendant’s partner must be obtained, then before the plaintiff…
2Cited by4 opinions
- Cohen v. LenehanSupreme Court of Connecticut · 1948
- Pollack v. HoweSupreme Court of Connecticut · 1958
- Gatlinburg Real Estate Co. v. BoothTennessee Supreme Court · 1983
- Katz & Mullen Co. v. LesnowSupreme Court of Connecticut · 1931