Tracey v. Blake
Massachusetts Supreme Judicial Court
Contract by a real estate broker to recover a commission of five per cent on the sum cf $50,000 for procuring the exchange of certain real estate in Worcester, belonging to the defendant called “White Oak” and valued at that sum, for the equity in a certain apartment block in Boston belonging to one Scheffreen, who was represented in the transaction by Harriet B. Howe, another real estate broker in Worcester.
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Contract by a real estate broker to recover a commission of five per cent on the sum cf $50,000 for procuring the exchange of certain real estate in Worcester, belonging to the defendant called “White Oak” and valued at that sum, for the equity in a certain apartment block in Boston belonging to one Scheffreen, who was represented in the transaction by Harriet B. Howe, another real estate broker in Worcester. Writ dated January 28, 1916. The defendant’s answer, as amended, contained in addition to a general denial the following: “And the defendant further says that if the plaintiff shall…
1Opinion of the CourtCrosby, J.
This is an action to recover a commission for services rendered by the plaintiff in connection with the exchange of an apartment house in Boston, owned by one Scheffreen, for certain real estate in Worcester, owned by the defendant.
The contention of the plaintiff that he was merely a middleman and not a broker cannot be sustained. The distinction between a middleman and a broker is clearly defined and has been pointed out by many decisions of this court. A middleman is not subject to the rules governing brokers. He is employed .merely to bring the parties together, when each desires to…
2Cases cited7 opinions
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Sullivan v. TuftsMassachusetts Supreme Judicial Court · 1909
- Maxwell v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. KempSupreme Court of Connecticut · 1939
- Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950
- McEvoy v. GinsbergMassachusetts Supreme Judicial Court · 1963
- Mignault v. GoldmanMassachusetts Supreme Judicial Court · 1919
- Sweeney & Moore, Inc. v. ChapmanMichigan Supreme Court · 1940
6 more not listed; retrieve them via the Exa API.