Goodnough v. Kinney
Massachusetts Supreme Judicial Court
Contract for a commission of $35 alleged to be due for services as real estate broker rendered to the defendant. ' Writ in the Municipal Court of the City of Boston, dated August 18, 1908. On appeal to the Superior Court, the case was heard by Law-ton, J., without a jury. The facts are stated in the opinion. At the close of the evidence, the defendant asked for a ruling that on the evidence the plaintiff could not recover.
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Contract for a commission of $35 alleged to be due for services as real estate broker rendered to the defendant. ' Writ in the Municipal Court of the City of Boston, dated August 18, 1908. On appeal to the Superior Court, the case was heard by Law-ton, J., without a jury. The facts are stated in the opinion. At the close of the evidence, the defendant asked for a ruling that on the evidence the plaintiff could not recover. The judge refused so to rule and found for the plaintiff; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
It is settled, that where the broker secures a customer who is both willing and financially able to purchase property upon the terms authorized by the principal, who has been informed of the completion of the negotiations, a commission has been earned, even if a sale is not completed because the parties never enter into a binding agreement or the owner refuses or neglects to make a conveyance. Fitzpatrick v. Gilson, 176 Mass. 477, 478. Williard v. Wright, 203 Mass. 406. Cohen v. Ames, ante, 186.
The defendant’s first ground of defense is that, without disclosing to him the double employment,…
2Cases cited4 opinions
- Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Sullivan v. TuftsMassachusetts Supreme Judicial Court · 1909
3Cited by19 opinions
- Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Driscoll v. BunarMassachusetts Supreme Judicial Court · 1952
- Buono v. CodyMassachusetts Supreme Judicial Court · 1925
- Rosenthal v. SchwartzMassachusetts Supreme Judicial Court · 1913
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