Legal Opinion

Knight v. Peacock

Massachusetts Supreme Judicial Court

Decided December 4, 1874PublishedCited by 6 opinions

Contract for commissions on the sale of certain property by the plaintiffs, as real estate brokers, for the defendant. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: There was evidence tending to show that the plaintiffs represented that they had raised $1500, which the defendant could have by giving a mortgage upon the property for which he was to exchange his property; that this representation was false ; that it…

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Contract for commissions on the sale of certain property by the plaintiffs, as real estate brokers, for the defendant. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: There was evidence tending to show that the plaintiffs represented that they had raised $1500, which the defendant could have by giving a mortgage upon the property for which he was to exchange his property; that this representation was false ; that it induced the defendant to make the trade for effecting which the plaintiffs claimed commissions; and that the defendant…

1Opinion of the CourtAmes, J.

It may be gathered from the report of the case, that the plaintiffs had sold certain real estate belonging to the defendant, which had been paid for, in whole or in part, by taking certain other real estate in exchange. In answer to their claim for commissions upon this transaction, the defendant insists that the exchange in question was but a part of the service which they had undertaken to render. He contends, and offered evidence tending to show, that another and important part of their contract was to secure to him a loan to the amount of $1,500 upon he property which should come to his…

2Cited by6 opinions

  1. Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
  2. Safford v. GroutMassachusetts Supreme Judicial Court · 1876
  3. Comstock v. LivingstonMassachusetts Supreme Judicial Court · 1912
  4. Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
  5. State v. HetrickSupreme Court of Kansas · 1911

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