Rice v. Mayo
Massachusetts Supreme Judicial Court
Contract on an alleged agreement that if the plaintiffs, who were real estate brokers, would endeavor to sell a parcel of land on State Street in Springfield, belonging to the defendant, for a certain sum, the defendant would pay them a commission of one per cent, on said sum, whenever the land should be sold, whether sold through the aid of the plaintiffs or not.
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Contract on an alleged agreement that if the plaintiffs, who were real estate brokers, would endeavor to sell a parcel of land on State Street in Springfield, belonging to the defendant, for a certain sum, the defendant would pay them a commission of one per cent, on said sum, whenever the land should be sold, whether sold through the aid of the plaintiffs or not. Writ dated May 9, 1870. At the trial in the superior court, before Pitman, J., Robert F. Hawkins was called as a witness by the plaintiffs, and produced the following writing signed by him and the defendant: “ Memorandum of…
1Opinion of the CourtGbay, J.
If the agreement was as contended by the plaintiffs, they were entitled to a commission if they endeavored to sell the defendant’s land, and a sale was afterwards effected, either *552with or without the aid of the plaintiffs • and evidence that the defendant afterwards employed another broker to sell the land was immaterial, either upon the construction of such an agreement, or to prove what the agreement was. Loud v. Hall, 106 Mass. 404. A contract or memorandum in writing, binding both seller and purchaser, was a sale effected, within the meaning of the agreement on which the plaintiffs…
2Cases cited1 opinion
- Loud v. HallMassachusetts Supreme Judicial Court · 1871
3Cited by46 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Francis v. BakerSupreme Court of Minnesota · 1890
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