Ritch v. Robertson
Supreme Court of Connecticut
Action by a real-estate broker to recover a commission for procuring a sale of the defendant’s property, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, Jfacts found and judgment rendered for the plaintiff for $166, and appeal by the defendant. The defendant employed the plaintiff to sell certain real estate for $6,500, for a commission of two and a half per cent.
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Action by a real-estate broker to recover a commission for procuring a sale of the defendant’s property, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, Jfacts found and judgment rendered for the plaintiff for $166, and appeal by the defendant. The defendant employed the plaintiff to sell certain real estate for $6,500, for a commission of two and a half per cent. The plaintiff attempted to sell to one Robertson, who refused to pay more than $5,500. The defendant then authorized a sale for $6,000, but Robertson still refused to pay more than $5,500. Thereupon, at…
1Opinion of the CourtGager, J.
The contract did not give the plaintiff the exclusive right of sale. To have this effect the right must be given to the broker in unequivocal terms or by-necessary implication. Hungerford v. Hicks, 39 Conn. 259; 4 R. C. L. 259; 44 L. R. A. 344 n; 24 L. R. A. (N. S.) 279 n. This court has many times stated what is necessary to entitle a broker to his commission. In the recent case of Butler v. Ouwelant, 90 Conn. 434, 97 Atl. 310, the court, citing a number of earlier cases, said (p. 438): “To entitle the plaintiffs, as brokers, to the compensation which they claim to recover in this action, it…
2Cases cited18 opinions
- Hoadley v. Savings BankSupreme Court of Connecticut · 1899
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Lincoln v. McClatchieSupreme Court of Connecticut · 1869
- Veasey v. CarsonMassachusetts Supreme Judicial Court · 1900
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Robert Lawrence Associates, Inc. v. Del VecchioSupreme Court of Connecticut · 1979
- Murphy v. LinskeySupreme Court of Connecticut · 1920
- Comind, Companhia De Seguros v. Sikorsky Aircraft Division of United Technologies Corp.District Court, D. Connecticut · 1987
- Bell v. StrongSupreme Court of Connecticut · 1921
- H. I. Stahlman, Jr., General Partner, and Wife, Mrs. J. S. Stahlman, Limited Partner, D/B/A Stahlman Lumber Company, Ltd. v. National Lead CompanyCourt of Appeals for the Fifth Circuit · 1963
9 more not listed; retrieve them via the Exa API.