Halbert v. Brooks
Massachusetts Supreme Judicial Court
Contract against a husband and his wife to recover a commission alleged to be due to the plaintiff, a real estate broker, for obtaining a customer for the sale of real estate in the town of Revere owned by the defendant Annie Brooks. Writ in the Municipal Court of the City of Boston dated November 12, 1919. The evidence in the Municipal Court is described in the opinion.
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Contract against a husband and his wife to recover a commission alleged to be due to the plaintiff, a real estate broker, for obtaining a customer for the sale of real estate in the town of Revere owned by the defendant Annie Brooks. Writ in the Municipal Court of the City of Boston dated November 12, 1919. The evidence in the Municipal Court is described in the opinion. The judge refused to rule, as requested by the plaintiff, “ that upon the evidence the plaintiff is entitled to recover,” found for the defendants, and at the plaintiff’s request reported the case to the Appellate Division,…
1Opinion of the CourtCarroll, J.
The plaintiff, a real estate broker, sued to recover a commission for obtaining a customer for real estate of the defendant Annie Brooks. There was evidence that a contract in writing for the purchase and sale of the real estate was signed by the defendant Annie Brooks and that she signed the name of her husband. There was also evidence that she could not read, that the contract was not read to her; that she was not authorized to sign her husband’s name; that she objected to signing; “ that she did not know that the contract was right or if she had a right to sign her husband’s name, and that…
2Cases cited4 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Mullen v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1879
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Baxter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
3Cited by3 opinions
- Gold v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Farrell v. Chandler, Gardner & Williams, Inc.Massachusetts Supreme Judicial Court · 1925
- Bovedeau v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1930