Bowes v. Henry
Massachusetts Supreme Judicial Court
Contract by a real estate broker for a commission alleged to be due to the plaintiff from the defendants, who were brother and sister and were the joint owners of certain land in Worcester with two houses thereon, for procuring a customer to buy this real estate. Writ dated July 2, 1915. In the Superior Court the case was tried before White, J. The facts shown by the evidence are stated in the opinion.
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Contract by a real estate broker for a commission alleged to be due to the plaintiff from the defendants, who were brother and sister and were the joint owners of certain land in Worcester with two houses thereon, for procuring a customer to buy this real estate. Writ dated July 2, 1915. In the Superior Court the case was tried before White, J. The facts shown by the evidence are stated in the opinion. At the close of the evidence, the judge ruled that upon the whole evidence the plaintiff was not entitled to recover and ordered a verdict for the defendants. The plaintiff alleged exceptions.
1Opinion of the CourtPierce, J.
On May 26, 1915, under an oral contract, the plaintiff, a broker, was employed to sell the property of the defend*342ants for $13,000 or $14,000 in cash above a bank mortgage of $4,500. The plaintiff made efforts to sell the property at the listed price without success. On June 10, 1915, in consequence of an offer of $12,000, the defendants signed an agreement with the plaintiff, entitled “Real Estate Option,” as follows:
“We, Margaret E. and John J. Henry, agree to sell the property at No. 64 and No. 68 Oread Street through M. P. Bowes, for $12,-000, owners agreeing to take $2,000 in a second…
2Cases cited5 opinions
- Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Woods v. MatthewsMassachusetts Supreme Judicial Court · 1916
- Smith v. KimballMassachusetts Supreme Judicial Court · 1907
3Cited by6 opinions
- Kutschmar v. Briggs Manufacturing Co.Michigan Supreme Court · 1917
- Nichols v. AthertonMassachusetts Supreme Judicial Court · 1924
- Turner v. MinasianMassachusetts Supreme Judicial Court · 1970
- Cesana v. JohnsonMassachusetts Supreme Judicial Court · 1919
- NielsonMassachusetts Supreme Judicial Court · 1920
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