Zilli v. Rome
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to convey real estate to the plaintiff alleged to have been made by the defendants “by their duly authorized agent, Shea Realty Company,” to whom, the plaintiff alleged, he paid $150 and received the memorandum in writing set out below.
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Contract for breach of an agreement to convey real estate to the plaintiff alleged to have been made by the defendants “by their duly authorized agent, Shea Realty Company,” to whom, the plaintiff alleged, he paid $150 and received the memorandum in writing set out below. Writ dated May 26, 1920. The memorandum in writing relied on by the plaintiff was as follows: “Fitchburg, Mass., March 12th, 1920. Received from Guido Zilli, of Fitchburg, $150.00 dollars as part payment and to bind the bargain for the land with all buildings thereon, located on Fairmount, Clarendon and Plymouth streets in…
1Opinion of the CourtDeCourcy, J.
The plaintiff seeks in this action to recover damages for the breach of an agreement to convey a lot of land on Fairmount, Clarendon and Plymouth streets in the city of Fitchburg. The trial judge excluded the written agreement of sale made by a broker, the Shea Realty Company, and directed a verdict for the defendants.
On the evidence presented the defendant Philip Rome would not be bound by this agreement, even if admitted. He was in South America; and the broker had not seen him nor received any communication from him with reference to the sale of this land, Whatever authority Shea had came…
2Cases cited9 opinions
- Monk v. ParkerMassachusetts Supreme Judicial Court · 1902
- Worthington v. CowlesMassachusetts Supreme Judicial Court · 1873
- Johnstone v. CochraneMassachusetts Supreme Judicial Court · 1919
- Taft v. ChurchMassachusetts Supreme Judicial Court · 1895
- Rice v. JamesMassachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Buono v. CodyMassachusetts Supreme Judicial Court · 1925
- Alfred J. Silberstein Inc. v. NashMassachusetts Supreme Judicial Court · 1937
- Libby v. SmithMassachusetts Supreme Judicial Court · 1936
- Stuart v. NewmanMassachusetts Supreme Judicial Court · 1922
1 more not listed; retrieve them via the Exa API.