Viking Manufacturing Co. v. Smith
Massachusetts Supreme Judicial Court
Contract to recover a commission alleged to be due to the plaintiff for effecting the sale of a Mercedes motor truck belonging to the defendant. Writ dated October 1, 1913. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion.
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Contract to recover a commission alleged to be due to the plaintiff for effecting the sale of a Mercedes motor truck belonging to the defendant. Writ dated October 1, 1913. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion. At the close of the evidence the defendant, among other requests, asked the judge to make the following rulings: “2. There is no evidence that the defendant authorized the employment of the plaintiff as his exclusive agent in the sale of the truck in question.” “4. On all the evidence the plaintiff! was not the efficient…
1Opinion of the CourtPierce, J.
The defendant admitted that his son, with his authority, placed a motor truck with the plaintiff for sale on condition that he should get $4,000 net and the plaintiff have all it could get over that sum for the sale of the truck. In the absence of the agent in charge of the place of business of the plaintiff, and without his consent, the defendant removed the truck from the shop of the plaintiff and sold it to the Everett Distilling Company for $4,500. There was evidence tending to show that the agent of the plaintiff, before the truck was taken away and sold by the defendant, had shown the…
2Cases cited9 opinions
- Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
- French v. McKayMassachusetts Supreme Judicial Court · 1902
- Harrigan v. DodgeMassachusetts Supreme Judicial Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cesana v. JohnsonMassachusetts Supreme Judicial Court · 1919
- Munger v. HancockCourt of Appeals of Texas · 1925
- Almon v. DonlanMassachusetts Supreme Judicial Court · 1929