Duncan v. Kearney
Supreme Court of Connecticut
Action to recover the amount of a real estate broker’s commission, brought originally before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in Litchfield County and tried to the court, Bradstreet, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtHameesley, J.
The defendant owned a house on Prospect street in Torrington, and in November, 1898, placed it in the hands of the plaintiff, a real estate broker, for sale at the price of $2,500, agreeing to pay two and one half per cent commission and reserving the right to sell the property himself if he should find a customer. The house was sold the following January to one Frank Smith, for $2,500, which sum was paid to the defendant. The question in dispute is whether the pla,intiff was the procuring cause of that sale.
It appears that in December, 1898, the plaintiff called the attention of said Smith,…
2Cases cited2 opinions
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
- Johnson v. SmithSupreme Court of Connecticut · 1852
3Cited by6 opinions
- Murphy v. LinskeySupreme Court of Connecticut · 1920
- Seward v. M. Seward & Son Co.Supreme Court of Connecticut · 1916
- Adolph v. RichardsonSupreme Court of Louisiana · 1900
- Oben v. DucharmeSupreme Court of Vermont · 1919
- Briggs v. HallCalifornia Court of Appeal · 1914
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