Barton v. Powers
Massachusetts Supreme Judicial Court
Contract by a real estate broker for a commission alleged to be due to him for effecting an exchange of a house belonging to one Lewis J. Bird for a yacht belonging to the defendant. Writ dated June 14, 1902. In the Superior Court the case was tried before Wait, J., without a jury.
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Contract by a real estate broker for a commission alleged to be due to him for effecting an exchange of a house belonging to one Lewis J. Bird for a yacht belonging to the defendant. Writ dated June 14, 1902. In the Superior Court the case was tried before Wait, J., without a jury. The judge refused the defendant’s requests for rulings, and ruled in substance that on the facts shown there was an implied obligation on the part of the defendant to pay the plaintiff the commission claimed by him. He found for the plaintiff in the sum of $153.67; and the defendant alleged exceptions. In addition…
1Opinion of the CourtHammond, J.
There was no evidence of an express contract to pay the plaintiff, and we are of opinion that the evidence is insufficient to warrant a finding of an implied contract.
The defendant did not hire the plaintiff to act as her broker. She knew that he was the broker for the other side, and that of course it was his duty to secure the yacht on terms as favorable to Bird and as unfavorable to her as he could. She knew also that, as in the case of any proposed exchange, there might be considerable preliminary work upon both sides, but she had no reason to suppose that in doing such work and in trying…
2Cases cited1 opinion
- Follansbee v. O'ReillyMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
- Fordtran v. StowersCourt of Appeals of Texas · 1908
- McAuslan v. NolanMassachusetts Supreme Judicial Court · 1926
- Willingham v. ThompsonCourt of Appeals of Texas · 1939
- Barnett v. WorrellSupreme Court of Oklahoma · 1915
- James D. Henderson & Son, Inc. v. AxelrodMassachusetts Supreme Judicial Court · 1959
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