Legal Opinion

Whitkin v. Markarian

Massachusetts Supreme Judicial Court

Decided April 7, 1921PublishedCited by 21 opinions

Contract for $240, alleged to be due to the plaintiff as a commission for procuring a purchaser of real estate of the defendant. Writ in the Municipal Court of the City of Boston dated May 1, 1920.

1Opinion of the CourtJenney, J.

The terms of the report are not perfectly clear, but the case was considered and decided in the Municipal Court of the City of Boston and argued in this court on the basis that the plaintiff’s employment was to procure a customer ready, able and willing to purchase the defendant’s property upon terms approved by him. We consider it on that basis and hence cases *336like Munroe v. Taylor, 191 Mass. 483, and Noyes v. Caldwell, 216 Mass. 525, do not control.

The judge properly could find that the defendant authorized the broker to sell his house for $8,000 subject to an existing mortgage, and gave…

2Cases cited11 opinions

  1. Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
  2. Tobin v. LarkinMassachusetts Supreme Judicial Court · 1903
  3. Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
  4. Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
  5. Noyes v. CaldwellMassachusetts Supreme Judicial Court · 1914

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Stern v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1931
  2. Gaynor v. LaverdureMassachusetts Supreme Judicial Court · 1973
  3. Frankina v. SalpietroMassachusetts Supreme Judicial Court · 1929
  4. Lieberman v. CohnMassachusetts Supreme Judicial Court · 1934
  5. Palmer Russell Co. v. RothenbergMassachusetts Supreme Judicial Court · 1952

16 more not listed; retrieve them via the Exa API.

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