Legal Opinion

Abbott v. Lee

Supreme Court of Connecticut

Decided December 19, 1912PublishedCited by 6 opinions

Action by a real-estate broker to recover the amount of his commission, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,713, and appeal by the defendant.

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Action by a real-estate broker to recover the amount of his commission, brought to and tried by the Superior Court in Fairfield County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,713, and appeal by the defendant. The complaint alleges that on or about the 23d of December, 1909, the defendant employed the plaintiff to procure a purchaser for a certain tract of land consisting of thirty-seven acres, more or less, with the buildings thereon standing, situated on Sasco Hill in Fairfield, and promised to pay him therefor $1,650; that the plaintiff procured such…

1Opinion of the CourtHall, C. J.

To entitle the plaintiff to recover, he was required to prove the averment of his complaint, that he procured a “ purchaser ready and willing to buy upon the terms prescribed by the defendant.” To do this in the present case he was required to prove that Poillon was ready and willing to accept a conveyance of the property, and to pay the agreed price for it, in accordance with the terms fixed by the defendant, or that Poillon was ready and willing to enter into an enforceable contract to do so. Leete v. Norton, 43 Conn. 219, 226; Schlegal v. Allerton, 65 Conn. 260, 32 Atl. 363; Clark v.…

2Cases cited5 opinions

  1. Leete v. NortonSupreme Court of Connecticut · 1875
  2. Perry v. Simpson Waterproof Manufacturing Co.Supreme Court of Connecticut · 1873
  3. Wilson v. SpringIllinois Supreme Court · 1872
  4. Schlegal v. AllertonSupreme Court of Connecticut · 1894
  5. Clark v. Henry G. Thompson & Son Co.Supreme Court of Connecticut · 1902

3Cited by6 opinions

  1. Rosenfield v. WallSupreme Court of Connecticut · 1920
  2. Owsiejko v. American Hardware Corp.Supreme Court of Connecticut · 1950
  3. Staff v. HawkinsSupreme Court of Connecticut · 1949
  4. Fico v. Liquor Control CommissionSupreme Court of Connecticut · 1975
  5. Russo v. SlawsbySupreme Court of New Hampshire · 1929

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