Quinn v. Burton
Massachusetts Supreme Judicial Court
Contract by a real estate broker for a commission for his services in procuring an exchange of real estate. Writ dated January 6, 1908. At the first trial of this case in the Superior Court before Wait, J. the jury returned a verdict for the plaintiff in the sum of $1,609, and the defendant alleged exceptions which were sustained by this court in a decision reported in 188 Mass. 466. At the new trial of the case before Schofield, J. the plaintiff testified that on or about…
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Contract by a real estate broker for a commission for his services in procuring an exchange of real estate. Writ dated January 6, 1908. At the first trial of this case in the Superior Court before Wait, J. the jury returned a verdict for the plaintiff in the sum of $1,609, and the defendant alleged exceptions which were sustained by this court in a decision reported in 188 Mass. 466. At the new trial of the case before Schofield, J. the plaintiff testified that on or about June 15, 1902, the defendant placed in his hands for sale or exchange his farm in the town of Reading and that the…
1Opinion of the CourtBraley, J.
In the former decision of this case, it was held upon the evidence reported “ that the jury were not warranted in finding that the customer told his broker that he would make the exchange,” and the ultimate question, whether, if this had appeared, a commission had been earned, was left undecided. Quinn v. Burton, 188 Mass. 466, 469. At the second trial, while there was evidence from which the jury could find that the customer had consented to make an exchange, it was for the first time also disclosed that, without the knowledge of their respective principals, the brokers had agreed to put the…
2Cases cited14 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903
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3Cited by57 opinions
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- Chelsea Industries, Inc. v. GaffneyMassachusetts Supreme Judicial Court · 1983
- Little v. PhippsMassachusetts Supreme Judicial Court · 1911
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