Cook v. Welch
Massachusetts Supreme Judicial Court
Contract brought by a ship broker to recover commissions from the sellers of a ship. At the trial in the superior court, before Morton, J., the plaintiff introduced evidence to show the following facts: In June 1863 one Josselyn called upon him for the purpose of purchasing a vessel.
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Contract brought by a ship broker to recover commissions from the sellers of a ship. At the trial in the superior court, before Morton, J., the plaintiff introduced evidence to show the following facts: In June 1863 one Josselyn called upon him for the purpose of purchasing a vessel. The plaintiff named to him, amongst other vessels, the Thomas Woodward, owned by the defendants in Gloucester, and subsequently, under date of July 15th, wrote to the defendants as follows: “We now have parties wishing to buy a vessel of schooner Thomas Woodward model, worth from ¡§8,000 to $10,000 cash. If you…
1Opinion of the CourtChapman, J.
The instruction given to the jury that the services proved by the plaintiff were sufficient to entitle him to recover the amount claimed if he was acting as a broker or agent for the defendants, employed by them, and that he could not recover unless he was so employed by them, by a contract express or implied, was sufficiently favorable for him. A ship broker recovers his commissions on the ground that he is an agent or middle man employed by the party. As such agent he *352brings the parties together, and his acts lay the foundation of the contract which they make. It is not necessary for him to…
2Cases cited1 opinion
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1863
3Cited by2 opinions
- Fordtran v. StowersCourt of Appeals of Texas · 1908
- Willingham v. ThompsonCourt of Appeals of Texas · 1939