Garcelon v. Tibbetts
Supreme Judicial Court of Maine
On exceptions. The court ruled as matter of law that the plaintiff upon the facts, as stated in the opinion, was entitled to recover, and the defendant excepted. When one employs another to act for him, the employee has a right to assume (in the absence of restrictions to the contrary) that the business is to be executed in the way and manner such business is usually and ordinarily conducted.
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On exceptions. The court ruled as matter of law that the plaintiff upon the facts, as stated in the opinion, was entitled to recover, and the defendant excepted. When one employs another to act for him, the employee has a right to assume (in the absence of restrictions to the contrary) that the business is to be executed in the way and manner such business is usually and ordinarily conducted. The defendant took this method at the last moment to avoid the sale, for, had he been so particular to execute nothing but a quitclaim deed it ■would have been in his mind so prominently that he would…
1Opinion of the CourtFoster, J.
Assumpsit, in which the plaintiffs as real estate brokers claim to reeoArer a certain sum as commissions for services in negotiating the sale of a parcel of real estate belonging to the defendant.
Whether they are entitled to recover at all is the only question presented by the exceptions.
The defendant Avas the owner of a parcel of real estate which he authorized the plaintiffs to sell so as to net him two thousand seven hundred dollars. The plaintiffs obtained a purchaser at the price of two thousand seven hundred and tiventy-five dollars. Nothing Avas said between the plaintiffs and…
2Cases cited12 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- McGavock v. WoodliefSupreme Court of the United States · 1858
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Glentworth v. LutherNew York Supreme Court · 1855
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
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3Cited by11 opinions
- Duval v. MoodyCourt of Appeals of Texas · 1900
- Barney v. Yazoo Delta Land Co.Indiana Supreme Court · 1913
- Weaver v. RichardsMichigan Supreme Court · 1906
- Reeder v. EppsSupreme Court of Arkansas · 1914
- Depositors Trust Co. v. BruneauSupreme Judicial Court of Maine · 1949
6 more not listed; retrieve them via the Exa API.