Legal Opinion

O'Keefe v. Cashman

Massachusetts District Court, Appellate Division

Decided November 20, 1944Published

1Opinion of the CourtPettingeul, P. J.

Action of contract to recover a deposit paid by the plaintiff to a broker acting for the defendant, a seller of real estate. The answer is a general denial and a further statement that the broker was the agent of both the plaintiff and the defendant and that the broker had never paid any of the money to the defendant.

There was a trial at which the defendant filed nine requests for rulings, hereinafter discussed.

*258December 31, 1943 the trial judge made a finding of facts to the effect that there was an agreement in writing for the sale by the defendant, and the purchase by the plaintiff, of a…

2Cases cited14 opinions

  1. Rice v. WoodMassachusetts Supreme Judicial Court · 1873
  2. Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
  3. Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
  4. Sherman v. WerbyMassachusetts Supreme Judicial Court · 1932
  5. Ebert v. HaskellMassachusetts Supreme Judicial Court · 1914

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