Legal Opinion

Reynolds-McGinness Co. v. Green

Supreme Court of Vermont

Decided July 22, 1905PublishedCited by 6 opinions

Book Account. Heard on the report of an auditor at .the March Term, 1904, Chittenden County, Pozvers, J., presiding. Judgment for the plaintiffs to recover $180' damages and costs, the agreed commission, and disallowing plaintiffs’ charge of $16.24 for expenses. Both the plaintiffs and the defendant excepted. The Reynolds-McGinness Co. is a firm. The opinion states the case. The Statute of Frauds has no application to this case.

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Book Account. Heard on the report of an auditor at .the March Term, 1904, Chittenden County, Pozvers, J., presiding. Judgment for the plaintiffs to recover $180' damages and costs, the agreed commission, and disallowing plaintiffs’ charge of $16.24 for expenses. Both the plaintiffs and the defendant excepted. The Reynolds-McGinness Co. is a firm. The opinion states the case. The Statute of Frauds has no application to this case. Bell'ows v. Sowles, 57 Vt. 164; Templeton v. Bascom, 33 Vt. 132; Cross v. Richardson, 30* Vt. 164; Lamipson v. Hobart, 28 Vt. 679; Hatrrington v. Rich, 6 Vt. 666;…

1Opinion of the CourtStart, J.

The defendant, as executor of the estate of B. S. Kenyon, had a farm to sell, and employed the plaintiffs, who were real estate brokers, to sell it for him for six thousand dollars with a payment of fifteen hundred dollars down and a mortgage on the premises to secure the payment of the balance of the purchase money, and agreed to pay the plaintiffs for so doing a commission of three per cent.

The plaintiffs found a party who agreed to take the farm on the terms agreed upon by the plaintiffs and defendant; *31notified the defendant, and fully performed their part of the contract, but the…

2Cases cited6 opinions

  1. Roche v. SmithMassachusetts Supreme Judicial Court · 1900
  2. Gelatt v. RidgeSupreme Court of Missouri · 1893
  3. Rich v. SowlesSupreme Court of Vermont · 1892
  4. Barthell v. PeterWisconsin Supreme Court · 1894
  5. Bellows v. SowlesSupreme Court of Vermont · 1884

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3Cited by6 opinions

  1. Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
  2. Pond v. CarterSupreme Court of Vermont · 1967
  3. Griggs v. NadeauCourt of Appeals for the Eighth Circuit · 1915
  4. Oben v. DucharmeSupreme Court of Vermont · 1919
  5. Mercia v. BillingsSupreme Court of Vermont · 1968

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