Carpenter v. Blake

These exceptions must be overruled. The judge has found that the contract between the parties was not such as the plaintiff alleged in his declaration; but was an undertaking by the defendant to pay to the plaintiff all above $5,000 that he received for the property which the plaintiff was authorized to sell for him. The judge further found that the defendant did not receive anything above the $5,000; that no sale resulting in the receipt of a purchase price was ever consummated; and that the defendant did not, by any wrongful conduct on his part, contribute to the result.

There was evidence…