Bornstein v. Lans
Massachusetts Supreme Judicial Court
Contract to recover $50 for selling an estate for the defendant. Trial in the superior court, before Lord, J., who made a report of the case for the determination of this court, of which the material part was as follows: “ The defendant was owner and keeper of a bar-room which he was desirous of selling; the plaintiff was a salesman in a clothing store, and was in the habit of visiting the defendant’s bar-room frequently to purchase liquors ; and on one occasion, when…
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Contract to recover $50 for selling an estate for the defendant. Trial in the superior court, before Lord, J., who made a report of the case for the determination of this court, of which the material part was as follows: “ The defendant was owner and keeper of a bar-room which he was desirous of selling; the plaintiff was a salesman in a clothing store, and was in the habit of visiting the defendant’s bar-room frequently to purchase liquors ; and on one occasion, when several were present, the defendant said to the plaintiff, < If you will obtain a purchaser for my place, I will give you…
1Opinion of the CourtAmes, J.
Upon the facts stated in the report, we think the plaintiff had a sufficient show of evidence to raise a question for the jury. It is true he was not a broker, and he did not in terms accept the defendant’s offer, or say that he would attempt to do anything in aid of the proposed sale. That offer on the defendant’s part was a mere proposition which he had a right to retract at any time before it had been accepted ; but it must be taken, on the facts stated, and as it never was retracted, to have been a continuing offer, somewhat in the nature of an offer of a reward to be paid in a certain…
2Cases cited1 opinion
- Goward v. WatersMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Wellington v. ApthorpMassachusetts Supreme Judicial Court · 1887
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- McCreery v. GreenMichigan Supreme Court · 1878
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
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