Legal Opinion

Dowling v. Morrill

Massachusetts Supreme Judicial Court

Decided March 31, 1896PublishedCited by 21 opinions

Contract, against George Morrill, William E. Carleton, and Eliphas W. Arnold, trustees of the estate of William Carleton, to recover a commission on a sale of real estate in Boston. Trial in the Superior Court, before Fessenden, J., who ruled that the action could not be maintained against the defendants Morrill and Carleton, and directed a verdict for them. The plaintiff thereupon was allowed to amend his declaration, alleging an employment by the defendant Arnold alone.

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Contract, against George Morrill, William E. Carleton, and Eliphas W. Arnold, trustees of the estate of William Carleton, to recover a commission on a sale of real estate in Boston. Trial in the Superior Court, before Fessenden, J., who ruled that the action could not be maintained against the defendants Morrill and Carleton, and directed a verdict for them. The plaintiff thereupon was allowed to amend his declaration, alleging an employment by the defendant Arnold alone. The jury returned a verdict for the plaintiff; and Arnold alleged exceptions. The material facts appear in the opinion.

1Opinion of the CourtBarker, J.

Two questions were answered in the affirmative by the jury: whether there was an express contract of employment, and, if so, whether the plaintiff performed the same. The exception is to the refusal to rule that there was no evidence which would warrant a verdict against the defendants.

It is not now contended that there was no evidence of the employment of the plaintiff by the defendants; but the contention *492is, that there was no evidence to justify the finding that the plaintiff had performed his part of the contract, he alleging that the defendants hired him as a broker to sell an estate,…

2Cases cited4 opinions

  1. Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
  2. Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
  3. Loud v. HallMassachusetts Supreme Judicial Court · 1871
  4. Gillespie v. WilderMassachusetts Supreme Judicial Court · 1868

3Cited by21 opinions

  1. Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
  2. Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
  3. Cohen v. AmesMassachusetts Supreme Judicial Court · 1910
  4. French v. McKayMassachusetts Supreme Judicial Court · 1902
  5. Nichols v. AthertonMassachusetts Supreme Judicial Court · 1924

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