Legal Opinion

McCarthy v. Reid

Massachusetts Supreme Judicial Court

Decided January 25, 1921PublishedCited by 16 opinions

Contract for a commission alleged to be owed to the plaintiff as a real estate broker. Writ in the Municipal Court of the City of Boston dated February 11, 1920. Material facts found by the judge of the Municipal Court are described in the opinion.

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Contract for a commission alleged to be owed to the plaintiff as a real estate broker. Writ in the Municipal Court of the City of Boston dated February 11, 1920. Material facts found by the judge of the Municipal Court are described in the opinion. The judge found for the defendants and, at the request of the plaintiff, reported the case to the Appellate Division, who vacated the finding for the defendants and. ordered judgment for the plaintiff in the sum of $125; and the defendants appealed. The case was submitted on briefs.

1Opinion of the CourtCrosby, J.

This is an action to recover a broker’s commission upon an exchange of real estate. The trial judge made the following findings: “The defendants employed the plaintiff to procure a person to exchange real estate with them. The plaintiff procured one O’Brien with whom the defendants made a written agreement to exchange, induced thereto by a false representation by O’Brien of the amount of rents received by Turn *372from his real estate. Before the time set for passing papers the defendants learned of the misrepresentation and refused to carry out the agreement. The plaintiff acted in good faith…

2Cases cited8 opinions

  1. Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
  2. Roche v. SmithMassachusetts Supreme Judicial Court · 1900
  3. Holst v. StewartMassachusetts Supreme Judicial Court · 1894
  4. Woods v. MatthewsMassachusetts Supreme Judicial Court · 1916
  5. Brady v. FinnMassachusetts Supreme Judicial Court · 1894

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3Cited by16 opinions

  1. Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
  2. Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
  3. Rudnick v. RudnickMassachusetts Supreme Judicial Court · 1932
  4. Bankr. L. Rep. P 71,001 Benjamin Goldman, Esquire v. Robert Robinson, TrusteeCourt of Appeals for the First Circuit · 1986
  5. Stone v. MelbourneMassachusetts Supreme Judicial Court · 1950

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