Legal Opinion

Clark v. Hovey

Massachusetts Supreme Judicial Court

Decided May 20, 1914PublishedCited by 8 opinions

Contract by a real estate broker for a commission for procuring a purchaser for certain real estate of the defendant, the declaration being in two counts, the first alleging an agreement .by the defendant to pay the plaintiff $500 for the services, and the second as amended being upon an account annexed for the same amount.

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Contract by a real estate broker for a commission for procuring a purchaser for certain real estate of the defendant, the declaration being in two counts, the first alleging an agreement .by the defendant to pay the plaintiff $500 for the services, and the second as amended being upon an account annexed for the same amount. Writ in the Municipal Court of the City of Boston dated May 24, 1913. In the municipal court the case was heard by Wentworth, J., upon an agreed statement of facts. Besides those stated in the opinion, the facts agreed upon were in substance as follows: The defendant…

1Opinion of the CourtRugg, C. J.

This is an action to recover for services as a real estate broker. The plaintiff was employed by the defendant to sell certain real estate, and he procured a purchaser who executed a contract for the sale of it to him by the defendant. Simultaneously with this contract the following agreement was entered into between the plaintiff and the defendant:

"It is agreed by and between Ewen A. Clark, broker, and Free-land E. Hovey, owner, that concerning the agreement for sale of property 2 and 6 Cambridge Street, Boston, from Hovey to Jeremiah Green, for the sum of $60,000 that said Clark agrees to…

2Cited by8 opinions

  1. Spritz v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1940
  2. Canton v. ThomasMassachusetts Supreme Judicial Court · 1928
  3. Finn v. Detroit, Mt. Clemens & Marine City RailwayMichigan Supreme Court · 1916
  4. Goldman v. EisenbergMassachusetts Supreme Judicial Court · 1926
  5. Preston v. PostelDistrict Court, S.D. Texas · 1922

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