Wheelock v. Zevitas
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended in two counts, the first count being upon an account annexed containing six items, amounting in all to $2,370.21 for commissions “on lease 33, 35, 37 Tremont St., Boston, from Arthur L. Braus to” the defendants, for “commission on lease of store and basement, 35 Tremont St., from” the defendants to William Sheinwald, for “commission on lease 3d floor, 37 Tremont St.,” from the defendants to “ Imperial Photographic Studio, Inc.,” and…
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Contract, with a declaration as amended in two counts, the first count being upon an account annexed containing six items, amounting in all to $2,370.21 for commissions “on lease 33, 35, 37 Tremont St., Boston, from Arthur L. Braus to” the defendants, for “commission on lease of store and basement, 35 Tremont St., from” the defendants to William Sheinwald, for “commission on lease 3d floor, 37 Tremont St.,” from the defendants to “ Imperial Photographic Studio, Inc.,” and for interest. The second count was upon a quantum meruit for $2,500 for services rendered to the defendants "in connection…
1Opinion of the CourtCarroll, J.
The plaintiff seeks to recover for services performed in obtaining a lease of a certain building for the defendants and in securing tenants for the same. The declaration is in two counts, the first on the account annexed and the second upon a quantum meruit. There was a verdict for the plaintiff.
The defendants asked the trial judge to rule (1) “Upon all the evidence the plaintiff is not entitled to recover,” (2) “The plaintiff is not entitled to recover upon any count of this declaration,” and (3) “The plaintiff is not entitled to recover upon the quantum, meruit count of his declaration.”…
2Cases cited5 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Lovell v. EarleMassachusetts Supreme Judicial Court · 1879
- Young v. HayesMassachusetts Supreme Judicial Court · 1912
- Adamson v. GuildMassachusetts Supreme Judicial Court · 1901
3Cited by14 opinions
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Spritz v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1940
- Shapira v. BudishMassachusetts Supreme Judicial Court · 1931
- Fenton v. BryanMassachusetts Appeals Court · 1992
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