Cunningham v. Brackett
Massachusetts Supreme Judicial Court
Contract against the administrator with the will annexed of a deceased brother of the plaintiff, to recover a commission for collecting rents and taking charge of and selling real estate of which the plaintiff, the defendant’s testator and others were tenants in common.
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Contract against the administrator with the will annexed of a deceased brother of the plaintiff, to recover a commission for collecting rents and taking charge of and selling real estate of which the plaintiff, the defendant’s testator and others were tenants in common. Writ dated January 4, 1898. In the Superior Court, the case was heard by Mason, C. J., without a jury, under an agreement that the particular facts stated by an auditor in his report and in the memorandum of testimony annexed to his report might be considered as an agreed statement of facts from which the judge might draw such…
1Opinion of the CourtHolmes, C. J.
This is an action of contract for commissions upon rent collected and sales of land belonging to the defendant’s testator. The services were rendered upon a written contract and the amount of the charge is not disputed. The case is here upon the defendant’s exception to the refusal of the Superior Court to rule that the plaintiff was estopped from maintaining this action, and that is the only question before us. The case was presented to the Superior Court upon an auditor’s report and certain evidence to be taken as agreed facts with power to draw inferences, so that the question stated in a…
2Cases cited8 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Moulton v. McOwenMassachusetts Supreme Judicial Court · 1870
- Goodell v. GoodellMassachusetts Supreme Judicial Court · 1899
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
- Connolly v. SullivanMassachusetts Supreme Judicial Court · 1899
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