Maher v. Haycock

A real estate broker brings this action to recover a commission upon the sale of the defendant’s house to one Craig. The finding of the trial judge for the plaintiff is now attacked solely upon the ground that the contract *595between the plaintiff and the defendant was void by reason of the provision in G. L. (Ter. Ed.) c. 136, § 5, prohibiting the doing of “any manner of labor, business or work, except works of necessity and charity,” on the Lord’s day.

Decisive facts which either were admitted or could be found are these: On Sunday, October 31, 1937, the plaintiff went to the defendant’s house,…