Alvord v. Cook
Massachusetts Supreme Judicial Court
Bill in equity, filed May 11, 1898, to recover damages for an alleged breach of the following agreement: “ Dec. 29th, ’97. We, the undersigned, hereby agree to take as our commission in the transaction referred to in an agreement of even date herewith between Sarah E. Cook and Chas.
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Bill in equity, filed May 11, 1898, to recover damages for an alleged breach of the following agreement: “ Dec. 29th, ’97. We, the undersigned, hereby agree to take as our commission in the transaction referred to in an agreement of even date herewith between Sarah E. Cook and Chas. E. Cook, trustees, and Albert L. Jewell, the equity in the Antwerp St. estate mentioned therein, subject to a $3,000 mortgage, and $200 cash, and we, the said trustees, hereby agree to pay commission as above indicated; deed to be delivered and cash paid at the date that the said agreement between said Cooks and…
1Opinion of the CourtHammond, J.
The ruling of the court as to the admission of the oral testimony and the use to be made of it in connection with the contract between the plaintiffs and the defendants was in accordance with settled principles, and was correct. 1 Greenl. Ev. §§ 277, 282. Bassett v. Rogers, 162 Mass. 47.
The first question in the case as to liability is whether the contract is to be interpreted as making the payment of the plaintiffs’ commission conditional upon the actual carrying into effect of the agreement of sale between the defendants and Jewell. It is manifest that the defendants could not convey to the…
2Cases cited9 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
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3Cited by53 opinions
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- A. J. Wolfe Co. v. Baltimore Contractors, Inc.Massachusetts Supreme Judicial Court · 1969
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