Rockwell v. Newton
Supreme Court of Connecticut
Assumpsit, to recover brokerage; brought to the City Court of the city of Hartford, and tried to the court on the general issue before Sumner, J. The court found the following facts and made them a part of the record.
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Assumpsit, to recover brokerage; brought to the City Court of the city of Hartford, and tried to the court on the general issue before Sumner, J. The court found the following facts and made them a part of the record. The defendant, some time in the spring of 1876, agreed with the plaintiff, who was a real estate broker living in the city of Hartford, that he would give him $70 if he would find some one with whom he could exchange certain real estate which he owned, upon terms which should be satisfactory to him. Through the agency of the plaintiff the defendant and one Norman Smith were…
1Opinion of the CourtPardee, J.
Upon the discovery of the fact that there was a lien upon the property in addition to the amount represented by Smith in the negotiation with the defendant, the latter had the right to determine for himself that the oral proposition made by Smith was not satisfactory. He was under no obligation to give him any notice, he being chargeable with knowledge that his taxes remained unpaid and constituted a lien upon his land. No duty rested upon the defendant to take the initiative in re-opening negotiations. Smith at no time made any proposition embracing the truth concerning the property, which…
2Cited by6 opinions
- Barney v. Yazoo Delta Land Co.Indiana Supreme Court · 1913
- Illingsworth v. SlossonAppellate Court of Illinois · 1886
- Clark v. Henry G. Thompson & Son Co.Supreme Court of Connecticut · 1902
- Dorgeloh v. MarkSupreme Court of Minnesota · 1931
- Serber v. McLaughlinAppellate Court of Illinois · 1901
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