Bassett v. Rogers
Massachusetts Supreme Judicial Court
Tort, to recover the value of twenty-five shares of the stock of the Union Pacific Railway Company, and the value of a promissory note of one C. C. Homer for $269.90, alleged to have been wrongfully withheld from the plaintiff, and converted by the defendants to their own use.
Read the full summary
Tort, to recover the value of twenty-five shares of the stock of the Union Pacific Railway Company, and the value of a promissory note of one C. C. Homer for $269.90, alleged to have been wrongfully withheld from the plaintiff, and converted by the defendants to their own use. Writ dated June 15,1891. At the trial in the Superior Court, before Braley, J., there was evidence tending to show that on August 28,1888, the plaintiff agreed in writing to sell and convey “ to the order of George E. Rogers and P. Briggs Wadsworth ” a parcel of land with the buildings thereon situated on Dalton Street…
1Opinion of the CourtMorton, J.
We think that the case should have been submitted to the jury, and that the evidence which was offered by the plaintiff should have been admitted. The plaintiff contended that in making the sale the defendants were acting as his agents and brokers. There was evidence which the jury might properly have considered as bearing on that question, and it was a question of fact for the jury whether they were so acting. The plaintiff agreed to pay, and did pay, the defendants a commission for effecting the sale, which had some tendency to show that they were acting as his brokers. The agreement which…
2Cases cited2 opinions
- Adams v. MorganMassachusetts Supreme Judicial Court · 1889
- Whittier Machine Co. v. GraffamMassachusetts Supreme Judicial Court · 1892
3Cited by12 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
7 more not listed; retrieve them via the Exa API.