Weinhouse v. Cronin
Supreme Court of Connecticut
Action to recover for services as a broker in effecting a sale of certain real estate, brought to the City Court of New Haven and tried to the court, Bow, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover for services as a broker in effecting a sale of certain real estate, brought to the City Court of New Haven and tried to the court, Bow, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiff set forth in his complaint that he rendered services for the defendant at his request, as broker in the sale of certain real estate; that for said services the defendant promised to pay him what the same were reasonably worth, and that the same were reasonably worth $180, which sum he claimed to…
1Opinion of the CourtAndrews, C. J.
The finding that-there was an implied contract to pay a commission, shows that there was no express one. An implied contract respecting any matter can exist only where there is no express one. 1 Chitty on Contracts (11th Amer. Ed.), 89; King v. Kilbride, 58 Conn. 109, Brown v. Fales, 139 Mass. 21. What is often termed an *253implied contract, though it is more properly denominated a quasi contract, is matter of law. 1 Swift’s Dig. 175. Such a contract rests merely on construction of law. It is one which the law, from the existence of facts, presumes the party lias made. Brackett v. Norton, 4…
2Cases cited4 opinions
- Bollman v. LoomisSupreme Court of Connecticut · 1874
- Brackett v. NortonSupreme Court of Connecticut · 1823
- Brown v. FalesMassachusetts Supreme Judicial Court · 1885
- King v. KilbrideSupreme Court of Connecticut · 1889
3Cited by27 opinions
- Walsh v. TurlickSupreme Court of Connecticut · 1972
- Collins v. LewisSupreme Court of Connecticut · 1930
- Clark v. DiefendorfSupreme Court of Connecticut · 1929
- Canfield v. SheketoffSupreme Court of Connecticut · 1926
- Connecticut Light & Power Co. v. ProctorSupreme Court of Connecticut · 2016
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