Cohen v. Ames
Massachusetts Supreme Judicial Court
Contract, by a real estate broker for $1,275 as a commission of one per cent for securing a tenant for certain premises in a building owned by the defendants numbered 63 on Bedford Street in Boston for a term of fifteen years at the rate of $8,500 a year.
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Contract, by a real estate broker for $1,275 as a commission of one per cent for securing a tenant for certain premises in a building owned by the defendants numbered 63 on Bedford Street in Boston for a term of fifteen years at the rate of $8,500 a year. Writ in the Municipal Court of the City of Boston dated August 1, 1906. On appeal to the Superior Court the case was tried before Hardy, J. The evidence of the plaintiff tended to prove that the plaintiff was employed in behalf of the defendants by one Cole to secure as a broker a tenant for the property in question, which the defendants…
1Opinion of the CourtSheldon, J.
1. It could not be ruled as matter of law that the plaintiff must fail in this action because he was to be paid by Wyman for procuring a lease from the defendants, and so had an individual interest adverse to that of the defendants, under the doctrine of Sullivan v. Tufts, 203 Mass. 155. The jury might not believe the testimony of Wyman. Or they could find that there was merely a promise or an offer, of a promise voluntarily made by Wyman, but never accepted by the plaintiff, which never had become an agreement between them. The most that can be said is that it presented a question for the…
2Cases cited13 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
- French v. McKayMassachusetts Supreme Judicial Court · 1902
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
- Monk v. ParkerMassachusetts Supreme Judicial Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- John T. Burns & Sons Inc. v. HandsMassachusetts Supreme Judicial Court · 1933
- Jones v. ClarkMassachusetts Supreme Judicial Court · 1930
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