Manilla v. Houghton
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover $15,000 for the plaintiff’s “ services in negotiating sale of brewery property” belonging to the defendants, with counts upon an alleged agreement by the defendants to pay the plaintiff the same amount for the same services.
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Contract, upon an account annexed, to recover $15,000 for the plaintiff’s “ services in negotiating sale of brewery property” belonging to the defendants, with counts upon an alleged agreement by the defendants to pay the plaintiff the same amount for the same services. At the trial in the Superior Court, before Mason, C. J., it was in issue whether, in negotiating a sale of the defendants’ brewery, the plaintiff acted as their agent or as the agent of one Untermeyer, who represented certain capitalists desirous of purchasing such property. The defendants, in order to show that the plaintiff…
1Opinion of the CourtKnowlton, J.
The defendants offered to put in evidence the declarations of one Sinclair, in the absence of the plaintiff, as tending to show that the plaintiff in what he did about the sale was the agent of Untermeyer, and not of the defendants. These were rightly excluded, for the reason that there was nothing to show that Sinclair was authorized by the plaintiff to make them. Boynton v. Laighton, 1 Allen, 509. Bowker v. Delong, 141 Mass. 315. The evidence relied on by the defendants to show Sinclair’s authority goes no further than a request to Sinclair by the plaintiff to see the defendant Houghton,…
2Cases cited3 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Simmons v. Lawrence Duck Co.Massachusetts Supreme Judicial Court · 1882
- Bowker v. DelongMassachusetts Supreme Judicial Court · 1886
3Cited by10 opinions
- Donahue v. Dal, Inc.Massachusetts Supreme Judicial Court · 1943
- Greene v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1926
- Altman & Another v. GoodmanMassachusetts Supreme Judicial Court · 1926
- Chandler v. BakerMassachusetts Supreme Judicial Court · 1906
- Medlinsky v. Premium Cut Beef Co.Massachusetts Supreme Judicial Court · 1944
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