Legal Opinion

Hartford v. McGillicuddy

Supreme Judicial Court of Maine

Decided November 26, 1907PublishedCited by 14 opinions

On motion by defendant. Assumpsit by the plaintiff, a real estate agent, to recover a commission of two per cent on the price, $2800, fixed by the owner for the sale of certain real estate in Lewiston, the plaintiff claiming that he procured a customer on the authorized terms but that the defendant refused to make the conveyance. Plea, the general issue with a brief statement interposing the statute of limitations.

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On motion by defendant. Assumpsit by the plaintiff, a real estate agent, to recover a commission of two per cent on the price, $2800, fixed by the owner for the sale of certain real estate in Lewiston, the plaintiff claiming that he procured a customer on the authorized terms but that the defendant refused to make the conveyance. Plea, the general issue with a brief statement interposing the statute of limitations. Tried at the April term, 1907, of the Supreme Judicial Court, Androscoggin County. Verdict for plaintiff for $56.00. The following questions were also submitted to the jury. 1.…

1Opinion of the CourtCornish, J.

This is an action of assumpsit brought by a real estate agent to recover a commission of two per cent on the price fixed by the owner for the sale of real estate, the plaintiff claiming that he procured a customer on the authorized terms but that the defendant refused to make the conveyance,

*226The jury found for the plaintiff and the defendant by motion asks to- have the verdict set aside on two grounds, first, because whatever authority had been given by him to the agent to make a sale had been revoked by operation of law, and second, because as a matter of fact, the plaintiff did not procure…

2Cases cited1 opinion

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881

3Cited by14 opinions

  1. Leet v. JoderWyoming Supreme Court · 1956
  2. United States Farm Land Co. v. DarterCalifornia Court of Appeal · 1919
  3. Bradley v. BlandinSupreme Court of Vermont · 1917
  4. In Re Ward's EstateNew Mexico Supreme Court · 1943
  5. Gerstian v. TibbettsSupreme Judicial Court of Maine · 1946

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