Guild v. Sampson
Massachusetts Supreme Judicial Court
Contract by a real estate broker to recover $491.14 as a commission for procuring a lessee for a building of the defendant numbered 3 and 3 A on Somerset Street in Boston. Writ in the Municipal Court of the City of Boston dated July 3,1917. The evidence at the trial in the Municipal Court is described in the opinion.
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Contract by a real estate broker to recover $491.14 as a commission for procuring a lessee for a building of the defendant numbered 3 and 3 A on Somerset Street in Boston. Writ in the Municipal Court of the City of Boston dated July 3,1917. The evidence at the trial in the Municipal Court is described in the opinion. At the close of the evidence the defendant asked the judge to make the following rulings: “1. The representations made by the plaintiff to the defendant as to the amount of his charge preclude the plaintiff from relying upon any custom of the brokers’ trade in charging…
1Opinion of the CourtCrosby, J.
This is an action of contract to recover $491.14 alleged to be due the plaintiff as a commission for procuring a lease of a building in Boston. There was evidence that the defendant orally accepted the services of the plaintiff; that the latter stated he would expect a commission of one per cent on the gross rent for his services; and that the defendant assented thereto.
Afterwards there was correspondence between the parties, which resulted in the employment of the plaintiff to procure a tenant for the building, to whom the defendant executed a written lease in which it was provided that the…
2Cases cited9 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
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- Menage v. RosenthalMassachusetts Supreme Judicial Court · 1900
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