Legal Opinion

Cadigan v. Crabtree

Massachusetts Supreme Judicial Court

Decided September 5, 1901PublishedCited by 43 opinions

Contract to recover a commission for services as a real estate broker, in negotiating a lease of certain property of the defendant in Boston known as the Hotel Reynolds, and in procuring purchasers for that property and an adjacent property known as the Park Theatre, to whom the defendant refused to sell when offered the price agreed upon. Writ in the Supreme Judicial Court dated July 29, 1899. The declaration as amended contained six counts.

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Contract to recover a commission for services as a real estate broker, in negotiating a lease of certain property of the defendant in Boston known as the Hotel Reynolds, and in procuring purchasers for that property and an adjacent property known as the Park Theatre, to whom the defendant refused to sell when offered the price agreed upon. Writ in the Supreme Judicial Court dated July 29, 1899. The declaration as amended contained six counts. The first count alleged that the plaintiff procured a customer to purchase from the defendant the Hotel Reynolds and the Park Theatre for an agreed…

1Opinion of the CourtLoring, J.

1. The presiding justice was right in directing a verdict for the defendant on the fifth and sixth counts.

There was no evidence which would have warranted a verdict for the plaintiff. The most that could have been found in favor of the plaintiff was that the defendant employed him as a broker, in September, 1898, to find for her a purchaser for the Hotel Reynolds and that it was then stated that he was the only broker in the matter. The plaintiff’s employment in the matter was brought about by one Gilman, the agent in Boston of the defendant, who did not live in that city. The plaintiff…

2Cases cited5 opinions

  1. Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
  2. Rowland v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
  3. Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
  4. Walker v. TirrellMassachusetts Supreme Judicial Court · 1869
  5. Drury v. NewmanMassachusetts Supreme Judicial Court · 1868

3Cited by43 opinions

  1. Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
  2. Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
  3. Connelly v. BartlettMassachusetts Supreme Judicial Court · 1934
  4. Harris v. McPhersonSupreme Court of Connecticut · 1922
  5. Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906

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