Goldstein v. D'Arcy
Massachusetts Supreme Judicial Court
Contract for $1,000 on a special agreement in writing signed by the defendant to pay to the plaintiff, as a commission for procuring a responsible tenant for the defendant’s building numbered 64 on Endicott Street in Boston under a lease for a term of five years, all that the plaintiff could procure above $2,000 per year.
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Contract for $1,000 on a special agreement in writing signed by the defendant to pay to the plaintiff, as a commission for procuring a responsible tenant for the defendant’s building numbered 64 on Endicott Street in Boston under a lease for a term of five years, all that the plaintiff could procure above $2,000 per year. Writ in the Municipal Court of the City of Boston dated March 29, 1907. On appeal to the Superior Court the case was tried before Hardy, J. The plaintiff testified on direct examination in substance as follows : That he was a liquor dealer in Boston, having a place of…
1Opinion of the CourtHammond, J.
The compensation of the plaintiff was fixed by the folio wing'writing signed by the defendant and delivered by him to the plaintiff before the latter began his work of procuring a tenant: “All you get above two thousand dollars per year you may have as your commission.” The lease which was finally effected by the plaintiff was for five years at an annual rental of $2,200; and the main question is as to the meaning of the writing above quoted.
It is manifest that the plaintiff was to get nothing unless the annual rent should be over $2,000. He was to get only the excess above that sum. But was…
2Cases cited2 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Globe Works v. WrightMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Spevack v. BudishMassachusetts Supreme Judicial Court · 1921
- Kehlor Flour Mills Co. v. LindenMassachusetts Supreme Judicial Court · 1918
- Erickson v. George B. H. Macomber Co.Massachusetts Supreme Judicial Court · 1912
- Albee v. Lamson & Hubbard Corp.Massachusetts Supreme Judicial Court · 1946
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