Goldman v. Eisenberg

This is an action at law. The plaintiffs are bound by their agreement to accept the terms of the written and sealed contract of purchase and sale executed by their principals and the purchasers found by the plaintiffs. That agreement provides that the plaintiffs’ commission of $1,000 should be paid “if and when papers are passed.”

The evidence established that, when suit was brought, papers had not been passed. The plaintiffs contend that, notwithstanding this fact, they can maintain their action. The trial judge and the Appellate Division of the Municipal Court of the City of Boston have…