Legal Opinion

Hayes v. Clark

Supreme Court of Connecticut

Decided December 5, 1920PublishedCited by 11 opinions

Action by a real-estate broker to recover a commission upon the sale of defendant’s property, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The plaintiff, in April, 1917, and thereafter, was a real-estate broker in New Haven, and the defendant was the owner of certain premises in New Haven known as No. 33 Pearl Street.

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Action by a real-estate broker to recover a commission upon the sale of defendant’s property, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The plaintiff, in April, 1917, and thereafter, was a real-estate broker in New Haven, and the defendant was the owner of certain premises in New Haven known as No. 33 Pearl Street. On April 18th, 1917, the plaintiff and defendant executed an agreement in the following terms, which was delivered to the plaintiff. This paper was marked…

1Opinion of the CourtCurtis, J.

The defendant, the owner of certain real estate in New Haven, and the plaintiff, a real-estate broker, signed the agreement, Exhibit A, on April 18th, 1917. All the express undertakings in the written agree inent are made by the owner. The owner in the agreement gives the broker the exclusive right to sell the property for the term of one year.

The defendant claims that, under the facts, the terms of Exhibit A constitute merely an offer to contract, and that no acceptance of the offer has been established. The first clause of the agreement reads: “Harry J. Clark, of New Haven, Connecticut,…

2Cases cited8 opinions

  1. Minneapolis Mill Co. v. GoodnowSupreme Court of Minnesota · 1889
  2. Goward v. WatersMassachusetts Supreme Judicial Court · 1868
  3. Braniff v. BaierSupreme Court of Kansas · 1917
  4. Lapham v. FlintSupreme Court of Minnesota · 1902
  5. W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harris v. McPhersonSupreme Court of Connecticut · 1922
  2. Bell v. DimmerlingOhio Supreme Court · 1948
  3. Rockwell v. New Departure Manufacturing Co.Supreme Court of Connecticut · 1925
  4. Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.Court of Appeals for the Eighth Circuit · 1931
  5. Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942

6 more not listed; retrieve them via the Exa API.

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