Cadigan v. Crabtree
Massachusetts Supreme Judicial Court
Contract to recover a commission for services as a real estate broker. Writ in the Supreme Judicial Court dated July 29, 1899. At the first trial of the case before Morton, J., the declaration as amended contained six counts. The first and second counts were stricken out with the consent of the plaintiff’s counsel.
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Contract to recover a commission for services as a real estate broker. Writ in the Supreme Judicial Court dated July 29, 1899. At the first trial of the case before Morton, J., the declaration as amended contained six counts. The first and second counts were stricken out with the consent of the plaintiff’s counsel. The justice ordered a verdict for the defendant on the fifth and sixth counts, and submitted the case to the jury on the third and fourth counts, but gave instructions which were in effect a ruling that the plaintiff had not made out the case set forth in his third count. The third…
1Opinion of the CourtLoring, J.
We are of opinion that the exceptions to the *238refusal to give rulings asked for by the defendant and marked 8 and. 9 must be sustained.
The testimony of the plaintiff and the defendant as to what took place at the interview between them on or about January 2, 1899, was conflicting. But whichever of the two stories was believed, the plaintiff’s authority to get a tenant for the property was revoked in fact at that time (if it had not been re-yoked before by the defendant’s instructions as to the taking down of the plaintiff’s sign), and the jury should have been so instructed.
The plaintiff’s…
2Cases cited2 opinions
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
- Crowninshield v. FosterMassachusetts Supreme Judicial Court · 1897
3Cited by11 opinions
- Pacheco v. MedeirosMassachusetts Supreme Judicial Court · 1935
- Brocklesby v. City of NewtonMassachusetts Supreme Judicial Court · 1936
- Cronin v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940
- Feeley v. MullikinWashington Supreme Court · 1954
- Household Fuel Corp. v. HamacherMassachusetts Supreme Judicial Court · 1954
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