Walker v. Osgood
Massachusetts Supreme Judicial Court
Contract by a real estate broker to recover two hundred dollars for services rendered under the following promise in writing signed by the defendant and appended to a description of ',er> tain real estate in Roxbury : “ If you send or cause to be sent to me by advertisement or otherwise any party with whom I may see fit and proper to effect a sale or exchange of my real estate above described, I will pay you the sum of two hundred dollars.”
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Contract by a real estate broker to recover two hundred dollars for services rendered under the following promise in writing signed by the defendant and appended to a description of ',er> tain real estate in Roxbury : “ If you send or cause to be sent to me by advertisement or otherwise any party with whom I may see fit and proper to effect a sale or exchange of my real estate above described, I will pay you the sum of two hundred dollars.” At the trial in the superior court, before Ames, J., it appeared that the plaintiff was a real estate broker in Boston; that the defendant went to the…
1Opinion of the CourtWells, J.
This case seems to us to stand upon the same principle as the decision in Farnsworth v. Hemmer, 1 Allen, 494. A.ccording to the statement in the bill of exceptions, the plain tiff is a real estate broker, and was employed by the defendant “ to sell or exchange” certáin real estate for him. An exchange *351having been effected, the defendant resists the demand for the stipulated commission on the ground that, without his knowledge or consent, and in violation of good faith, the plaintiff was employed for a compensation by the other party in the same transaction. The court below ruled that this…
2Cited by47 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Armstrong v. O'BrienTexas Supreme Court · 1892
- Scribner v. CollarMichigan Supreme Court · 1879
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