Carpenter v. Fisher
Massachusetts Supreme Judicial Court
Contract, in two counts, to recover a commission for services in the purchase of certain premises in Worcester. Answer, a general denial. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, which, after stating that the pleadings were made a part thereof, was in substance as follows.
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Contract, in two counts, to recover a commission for services in the purchase of certain premises in Worcester. Answer, a general denial. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, which, after stating that the pleadings were made a part thereof, was in substance as follows. The plaintiff testified that on Saturday, March 27, 1897, he went to the defendant’s office and had a conversation with him; that the defendant spoke of two or three cases in which he had sold real estate and made some money, and the plaintiff said to him, “ I think I could get for…
1Opinion of the CourtLoring, J.
The second instruction requested should have been given. The defendant had the right to assume in this *12instruction tliat the plaintiff claimed to have been employed by the defendant as a broker. In both counts of his declaration he made allegations to that effect. He so testified : and his counsel in this court so contended in the brief on which the case was submitted.
It is admitted that a broker .has no claim to be paid for his services if he undertakes to act for both vendor and vendee. The reasons for the rule are fully set forth in Alvord v. Cook, 174 Mass. 120. But it is contended that…
2Cases cited2 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Bass v. EdwardsMassachusetts Supreme Judicial Court · 1879
3Cited by12 opinions
- Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. ScagliottiMassachusetts Supreme Judicial Court · 1977
- Ridenour v. H. C. Dexter Chair Co.Massachusetts Supreme Judicial Court · 1911
- Delaney v. DoyleMassachusetts Supreme Judicial Court · 1929
- Canfield v. WithNew Mexico Supreme Court · 1931
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