Plymouth Port, Inc. v. Smith

Relying on an alleged exclusive agency agreement, the plaintiff-broker sought a ten percent commission on the sale of the defendants’ property which was effected through the auspices of another broker. The sale took place four years after the exchange of correspondence on which the plaintiff bases his exclusive agency claim.

A judge of the Superior Court awarded the plaintiff $52,500 2 (ten percent of the sale price) although the parties had failed to specify the duration of the contract or fix the amount of the commission and although there was evidence that custom in Plymouth County treated…