Strout v. Lewis
Supreme Judicial Court of Maine
On motion by plaintiff. Assumpsit to recover a broker’s commission on the sale of real estate, based upon a written contract.
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On motion by plaintiff. Assumpsit to recover a broker’s commission on the sale of real estate, based upon a written contract. Plea, the general issue with brief statement as follows: "And for a brief statement of equitable matter of defense to be used under the general issue pleaded, the said defendant says that on the 27th day of June, 1904, the date of the alleged written agreement, and prior thereto, the plaintiff, by one Hutchins his agent, and the defendant, agreed between themselves that if the defendant should place the real estate in question in the plaintiff’s hands for sale by him,…
1Opinion of the CourtCornish, J.
This was an action of assumpsit to recover a broker’s commission on the sale of real estate, based upon a written agreement dated June 27, 1904.
The defendant pleaded the general issue together with an equitable brief statement, alleging fraud in the inception and execution of the written contract and claiming that under the actual oral agreement, made between the parties, she was to pay the plaintiff twenty dollars when the farm was sold, to cover the expense of cataloguing and advertising, whether the sale was made through the plaintiff’s efforts or her own and that there was to be no…
2Cases cited1 opinion
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Horner v. FlynnSupreme Judicial Court of Maine · 1975
- First Auburn Trust Co.Supreme Judicial Court of Maine · 1937
- First Nat. Bank of Pittsfield v. MorongSupreme Judicial Court of Maine · 1951
- Bryne v. GreeneCourt of Appeals for the First Circuit · 1934
- Laforge v. LeBlanc & Commercial Casualty InsuranceSupreme Judicial Court of Maine · 1941
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