Veasey v. Carson
Massachusetts Supreme Judicial Court
Contract, to recover a commission for sale of the real estate of the defendant in Westfield. At the trial in the' Superior Court, before Maynard, J., it appeared that William F. Carson was the agent of his wife, the other defendant, Effie M. Carson; that the plaintiff concealed the name of the real purchaser, Delaney, and substituted therefor the name of one Williams, to whom the estate was conveyed and who afterwards conveyed it to Delaney.
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Contract, to recover a commission for sale of the real estate of the defendant in Westfield. At the trial in the' Superior Court, before Maynard, J., it appeared that William F. Carson was the agent of his wife, the other defendant, Effie M. Carson; that the plaintiff concealed the name of the real purchaser, Delaney, and substituted therefor the name of one Williams, to whom the estate was conveyed and who afterwards conveyed it to Delaney. At the close of the evidence the defendant made the following requests for rulings : 1. Upon all the evidence, the plaintiff is not entitled to recover.…
1Opinion of the CourtHammond, J.
This is an action of contract to recover a commission for selling real estate of the defendant, Effie M. Carson. *120The case was tried before a jury against her alone. At the trial the defence was that the plaintiff was not the agent of the seller, but the purchaser, and that even if he was the agent of the seller, he did not act in good faith towards her, but concealed from her the name of the real purchaser, and that such a concealment was of a material fact which it was the duty of the plaintiff, if he was acting as her agent, to communicate to her.
The court refused to rule that the plaintiff…
2Cases cited2 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Smith v. TownsendMassachusetts Supreme Judicial Court · 1872
3Cited by31 opinions
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Owen v. SheltonSupreme Court of Virginia · 1981
- Jerlyn Yacht Sales, Inc., and Oklahoma Offset, Inc. v. Wayne R. Roman Yacht BrokerageCourt of Appeals for the First Circuit · 1991
- Spritz v. Brockton Savings BankMassachusetts Supreme Judicial Court · 1940
- Coppage v. HowardCourt of Appeals of Maryland · 1916
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