Burnham v. Upton
Massachusetts Supreme Judicial Court
Contract, to recover a commission alleged to be due for negotiating an exchange of the defendant’s farm in Heath for a parcel of real estate in Greenfield. Trial in the Superior Court, without a jury, before Richardson, J., who found for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action by a broker to recover his commission upon an exchange of land. There is no question that the defendant employed the plaintiff or that he made a written agreement for an exchange which was procured by the plaintiff, but it turned out that the other party to the exchange did not own all the land which he agreed to convey, and -was not able to make a title at the appointed time. There was evidence that the defendant relied wholly on the plaintiff, and, although this was contradicted, that the plaintiff told the defendant that Corbin, the other party, owned the land to be…
2Cases cited3 opinions
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Ward v. CobbMassachusetts Supreme Judicial Court · 1889
- Greusel v. DeanSupreme Court of Iowa · 1896
3Cited by14 opinions
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
- Albrecht v. RathaiSupreme Court of Minnesota · 1921
- Stone v. MelbourneMassachusetts Supreme Judicial Court · 1950
- Menton v. MelvinMassachusetts Supreme Judicial Court · 1953
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