Johnson v. Holland
Massachusetts Supreme Judicial Court
Contract by the members of a firm of real estate brokers for $562.50 alleged to be due to the plaintiffs as a commission for procuring a purchaser for certain real estate of the defendant’s testator, who was the original defendant, on Ocean Avenue in Revere.
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Contract by the members of a firm of real estate brokers for $562.50 alleged to be due to the plaintiffs as a commission for procuring a purchaser for certain real estate of the defendant’s testator, who was the original defendant, on Ocean Avenue in Revere. Writ in the Municipal Court of the City of Boston dated July 23, 1909. On appeal to the Superior Court the case was tried before Hardy, J. The contract in writing for the sale of the real estate in question, which is referred to in the opinion, was executed under seal by the defendant’s testator as the seller and by one Samuel Freudenburg…
1Opinion of the CourtHammond, J.
This is an action of contract wherein the plaintiffs as real estate brokers seek to recover a commission for the sale of real estate belonging to the original defendant. The latter having died since the action was brought, the executrix defends. The jury found for the plaintiffs, and the case is before us upon exceptions to the refusal of the presiding judge to give certain rulings requested by the defendant and to the rulings given.
So far as respects the defense of the mental incapacity of the defendant’s testator to understand the 'agreement with Freudenburg the proposed purchaser, and also…
2Cases cited2 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
3Cited by21 opinions
- Tristram's Landing, Inc. v. WaitMassachusetts Supreme Judicial Court · 1975
- Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
- Hutchinson v. PlantMassachusetts Supreme Judicial Court · 1914
- Stone v. MelbourneMassachusetts Supreme Judicial Court · 1950
- Menton v. MelvinMassachusetts Supreme Judicial Court · 1953
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