Drury v. Newman
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the defendant, who was a tailor, requested the plaintiff, a broker, “ to procure for the defendant a purchaser” of the lease of his shop, and the stock and fixtures, and the good will of his business, “ and promised to pay the plaintiff the usual commissions for his services in procuring such purchaser,” and that the plaintiff, “ in conformity with such request, and relying on the promise of the defendant, went and procured a customer…
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Contract. The declaration alleged that the defendant, who was a tailor, requested the plaintiff, a broker, “ to procure for the defendant a purchaser” of the lease of his shop, and the stock and fixtures, and the good will of his business, “ and promised to pay the plaintiff the usual commissions for his services in procuring such purchaser,” and that the plaintiff, “ in conformity with such request, and relying on the promise of the defendant, went and procured a customer who would purchase the said lease, stock, fixtures and good will of the defendant at the defendant’s price as he gave it…
1Opinion of the CourtColt, J.
The point now made, that the defendant’s answer admits the allegations in the plaintiff’s declaration, was not suggested at the trial. Whatever its merits, it is not now available to the plaintiff. If the objection had been made in time, the defendant, would not have been deprived of an opportunity to amend his answer.
The only question submitted is, as to the sufficiency of the evidence to support the declaration. Both counts seek to recover the usual commissions for services as a broker in procuring a purchaser for the unexpired lease of the defendant’s store. Such commissions, by the…
2Cited by5 opinions
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