Walker v. Russell
Massachusetts Supreme Judicial Court
Contract by copartners doing business under the name and style, Walker and Whitton, with a declaration upon an account annexed of one item, described in the opinion.
Read the full summary
Contract by copartners doing business under the name and style, Walker and Whitton, with a declaration upon an account annexed of one item, described in the opinion. Writ in the District Court of Leominster dated July 7, 1920. On' appeal to the Superior Court, the action was tried before Lummus, J. In addition to his testimony in direct examination described in the opinion, the plaintiff testified as follows in cross-examination as to the conversation on the lot in May, 1917: Q. “That in substance, your talk was that if you sold it for him he (Russell) was willing to pay a commission?” A.…
1Opinion of the CourtCrosby, J.
This is an action to recover a commission on a sale of real estate. The contract having been oral, its terms are to be determined from the evidence. The plaintiffs’ declaration is upon an account annexed, and charges “Commission for procuring customer or purchaser for defendant’s woodlot, 5% on $8,375. — $418.75.”
There was evidence that some time in 1917 the plaintiff Walker saw the defendant with reference to selling his (the defendant’s) woodlot; that in May of the same year the defendant stated that his price was $7,500; that he asked Walker “what . . . [he] had for selling lots,” and that…
2Cases cited16 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. HaskinsMassachusetts Supreme Judicial Court · 1880
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Forbes v. Gordon & Gerber, Inc.Massachusetts Supreme Judicial Court · 1937
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Commonwealth v. CrosscupMassachusetts Supreme Judicial Court · 1975
- John T. Burns & Sons Inc. v. HandsMassachusetts Supreme Judicial Court · 1933
- Bartlett v. KeithMassachusetts Supreme Judicial Court · 1950
49 more not listed; retrieve them via the Exa API.