Taylor v. Schofield
Massachusetts Supreme Judicial Court
Contract for $1,000, as a commission of twenty per cent on $5,000 for procuring a purchaser for certain letters patent, with a first count upon an account annexed and a second count upon - an express oral contract. Writ dated July 15,1904. At the trial in the Superior Court before Bell, J. the jury returned a verdict for the plaintiff in the sum of $1,061; and the defendant alleged exceptions, raising the questions stated in the opinion.
1Opinion of the CourtSheldon, J.
This was an action brought to recover a commission alleged to be due to the plaintiff for procuring a purchaser for letters patent owned by the defendant. The defendant admitted that he agreed to pay the sum claimed as a commission, but contended that he was to pay the commission only if he -actually sold his patent to a purchaser produced by the plaintiff; and this was the main issue at the trial in the Superior Court.
It appeared that the contract was made verbally between the plaintiff and the defendant. The plaintiff testified that the defendant said that he should like to sell his patent,…
2Cases cited9 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Barrett v. MurphyMassachusetts Supreme Judicial Court · 1885
- Munro v. StoweMassachusetts Supreme Judicial Court · 1900
- Pond v. PondMassachusetts Supreme Judicial Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
- Buono v. CodyMassachusetts Supreme Judicial Court · 1925
14 more not listed; retrieve them via the Exa API.