Desmond v. Stebbins
Massachusetts Supreme Judicial Court
Contract. The declaration, which contained two counts, was as follows: “ And the plaintiff says, that on or about the thirtieth day of August, 1883, the defendant employed the plaintiff to procure a purchaser for a certain lot of land and dwelling-house thereon, situated on Webster Street, in the city of Somerville, in the county of Middlesex, belonging to the defendant, and agreed and promised to pay the plaintiff therefor one hundred dollars, and in pursuance of said…
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Contract. The declaration, which contained two counts, was as follows: “ And the plaintiff says, that on or about the thirtieth day of August, 1883, the defendant employed the plaintiff to procure a purchaser for a certain lot of land and dwelling-house thereon, situated on Webster Street, in the city of Somerville, in the county of Middlesex, belonging to the defendant, and agreed and promised to pay the plaintiff therefor one hundred dollars, and in pursuance of said agreement the plaintiff did procure such purchaser, and the defendant owes the plaintiff one hundred dollars, and interest…
1Opinion of the Court
By the Court.
Under the instructions given them, the jury must have found that the contract between the parties was as set out in the declaration, namely, that the defendant employed the plaintiff to procure a purchaser for the land and house of the defendant. There was no written contract. The employment was by an oral agreement, and, upon the evidence, it was competent for the jury to find that it was the ordinary case of the employment of a broker to procure a purchaser. Under such a contract, the broker is entitled to compensation, if he substantially effects a sale by procuring and…
2Cited by17 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
- Johnstone v. CochraneMassachusetts Supreme Judicial Court · 1919
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