Maloon v. Barrett
Massachusetts Supreme Judicial Court
Contract to recover $27 as a broker’s commission for the sale of certain real estate in Lynn. Writ in the Police Court of Lynn dated October 28, 1905. On appeal to the Superior Court the case was submitted to ■Aiken, C. J., upon an agreed statement of facts, signed by counsel, which was as follows: The plaintiff is engaged in business as a real estate broker in the city of Lynn.
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Contract to recover $27 as a broker’s commission for the sale of certain real estate in Lynn. Writ in the Police Court of Lynn dated October 28, 1905. On appeal to the Superior Court the case was submitted to ■Aiken, C. J., upon an agreed statement of facts, signed by counsel, which was as follows: The plaintiff is engaged in business as a real estate broker in the city of Lynn. Some time before October, 1905, the defendant placed in the hands of the plaintiff for sale a house belonging to the defendant on Robinson Street in Lynn. At the time the property was placed in the hands of the…
1Opinion of the CourtLoring, J.
The defendant’s first contention is that the plaintiff would not have been entitled to a commission had there been no direction by the defendant not to advertise. It is stated in the agreed facts that the customer “ went to the defendant solely as a result of said advertisement.” That would have been decisive in favor of the plaintiff had there been no direction not to advertise the property. Gleason v. Nelson, 162 Mass. 245. Dowling v. Morrill, 165 Mass. 491. Pratt v. Burdon, 168 Mass. 596. French v. McKay, 181 Mass. 485.. The difficulty in the case at bar arises from the fact that the…
2Cases cited10 opinions
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873
- French v. McKayMassachusetts Supreme Judicial Court · 1902
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
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- Thornton v. ForbesMassachusetts Supreme Judicial Court · 1950
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