Fitzpatrick v. Gilson
Massachusetts Supreme Judicial Court
Contract, to recover a broker’s commission. Trial in the Superior Court, before Sheldon, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtLoring, J.
In this case the presiding justice ruled that on the evidence the defendant was entitled to a verdict, and reported the case to this court. By the terms of the report judgment is to be entered for the plaintiff for $108, and interest from the date of the writ, “if the jury would have been warranted in *478finding for the plaintiff.” We are of opinion that there was evidence that would have warranted such a finding.
The defendant’s first contention is that a broker who is employed “ to procure a loan ” does not earn his commission unless, the money to be borrowed is actually paid over, or a valid…
2Cases cited13 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Moses v. . BierlingNew York Court of Appeals · 1865
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Cheatham v. YarbroughTennessee Supreme Court · 1891
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3Cited by92 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Tristram's Landing, Inc. v. WaitMassachusetts Supreme Judicial Court · 1975
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
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