Edward T. Harrington Co. v. Waban Rose Conservatories
Massachusetts Supreme Judicial Court
Contract for a commission for procuring a purchaser for real estate of the defendant. Writ in the Municipal Court of the City of Boston dated August 5, 1914. The material facts in evidence at the trial in the Municipal Court are described in the opinion. The defendant’s first and ninth requests for rulings, which were refused by the trial judge and are referred to in the opinion, were as follows: “1. Upon all the evidence the plaintiff is not entitled to recover.”
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Contract for a commission for procuring a purchaser for real estate of the defendant. Writ in the Municipal Court of the City of Boston dated August 5, 1914. The material facts in evidence at the trial in the Municipal Court are described in the opinion. The defendant’s first and ninth requests for rulings, which were refused by the trial judge and are referred to in the opinion, were as follows: “1. Upon all the evidence the plaintiff is not entitled to recover.” “9. If the plaintiff was employed by the defendant for any purpose, the employment was to bring about a sale and not merely to…
1Opinion of the CourtBraley, J.
The contract having been oral, its terms are to be ascertained from the evidence. The trial judge would have been warranted in finding that the defendant authorized the plaintiff to sell a parcel of its real property for a fixed price, reserving the right “to deal with any one, broker or other person, who brings us an offer.” Having found a purchaser able and willing to buy, the plaintiff informed the defendant and it, after ascertaining the amount of the commission, accepted the offer. The plaintiff’s president, accompanied by the proposed purchaser, thereupon went to the defendant’s place…
2Cases cited4 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
- Goodnough v. KinneyMassachusetts Supreme Judicial Court · 1910
- Carnes v. HowardMassachusetts Supreme Judicial Court · 1902
3Cited by10 opinions
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Bemister v. HedtlerMassachusetts Supreme Judicial Court · 1924
- Simmons v. LibbeyNew Mexico Supreme Court · 1949
- Green v. LevensonMassachusetts Supreme Judicial Court · 1922
- Jutras v. BoisvertSupreme Judicial Court of Maine · 1921
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