Legal Opinion

Eaton v. Simcovitz

Massachusetts Supreme Judicial Court

Decided October 11, 1921PublishedCited by 6 opinions

Contract, the declaration alleging in substance that the plaintiff and the defendant entered into a verbal agreement whereby the “ defendant employed the plaintiff to negotiate the exchange of certain real estate ... in Springfield, owned by the defendant, for $2,000 cash and three certain parcels of real estate situated . . . in said Springfield . . . South Hadley and . . . Longmeadow . . . and in consideration of the agreement on the part of said plaintiff to be performed…

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Contract, the declaration alleging in substance that the plaintiff and the defendant entered into a verbal agreement whereby the “ defendant employed the plaintiff to negotiate the exchange of certain real estate ... in Springfield, owned by the defendant, for $2,000 cash and three certain parcels of real estate situated . . . in said Springfield . . . South Hadley and . . . Longmeadow . . . and in consideration of the agreement on the part of said plaintiff to be performed the defendant agreed to convey to the plaintiff said three parcels of land ... or the value thereof, . . . said…

1Opinion of the CourtDe Courcy, J.

The plaintiff, a real estate broker, undertook to procure an exchange for a block in Springfield, owned by the defendant. He finally brought a proposition whereby the defendant would obtain three parcels of real estate and $2,000 in cash for the equity in his property. There was evidence on which the jury could find that the defendant orally agreed that if the exchange should be negotiated, he would retain the $2,000, and would deed to the plaintiff the land in question, or pay him the value of it. The plaintiff did procure the exchange. The $2,000 was paid to the defendant, and the three…

2Cases cited10 opinions

  1. Gould v. MansfieldMassachusetts Supreme Judicial Court · 1869
  2. Barrie v. EarleMassachusetts Supreme Judicial Court · 1886
  3. Couch v. MeekerSupreme Court of Connecticut · 1817
  4. Smith v. BergengrenMassachusetts Supreme Judicial Court · 1891
  5. Glynn v. MoranMassachusetts Supreme Judicial Court · 1899

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3Cited by6 opinions

  1. Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
  2. Frantz v. Maher, Exr.Ohio Court of Appeals · 1957
  3. Factory Realty Corp. v. Corbin-Holmes Shoe Co.Massachusetts Supreme Judicial Court · 1942
  4. Muto v. DeslauriersMassachusetts Supreme Judicial Court · 1935
  5. Carter v. McCallSupreme Court of South Carolina · 1940

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