Jutras v. Boisvert
Supreme Judicial Court of Maine
This is an action in assumpsit for money had and received. The plaintiff owned a house in Lewiston and listed it with defendants, real estate brokers, at a stated purchase price and also stated commission. Defendants procured a customer who paid to defendants sixty dollars “to bind the bargain.”
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This is an action in assumpsit for money had and received. The plaintiff owned a house in Lewiston and listed it with defendants, real estate brokers, at a stated purchase price and also stated commission. Defendants procured a customer who paid to defendants sixty dollars “to bind the bargain.” Subsequently, the purchaser changed his mind, after two changes and modifications had been made in the terms of the purchase price agreed to by both the owner and the purchaser, and forfeited the sixty dollars paid down, and refused to consummate the deal. The case was tried in the Lewiston Municipal…
1Opinion of the CourtCornish, C. J.
This case was certified to the Chief Justice from the Municipal Court of Lewiston under Private and Special Laws, 1871, Chap. 636, Sec. 10, and is before us on plaintiff’s exceptions to a judgment for the defendants rendered by the Judge of that court on the following agreed statement of facts:
“This is an action in assumpsit for money had and received. The defendants are real estate brokers in Lewiston. The plaintiff owned a house and land on Rosedale Street, Lewiston. In June 1920 plaintiff listed this property with defendants authorizing them to advertise it for sale and to find a purchaser…
2Cases cited10 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- O'Connell v. CaseyMassachusetts Supreme Judicial Court · 1910
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
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3Cited by7 opinions
- Turner v. Burton (In Re Turner)United States Bankruptcy Court, D. Maine · 1983
- Labbe v. CyrSupreme Judicial Court of Maine · 1954
- Simmons v. LibbeyNew Mexico Supreme Court · 1949
- Frye v. LevangerIdaho Supreme Court · 1955
- Gerstian v. TibbettsSupreme Judicial Court of Maine · 1946
2 more not listed; retrieve them via the Exa API.