Gillespie v. Wilder
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the defendant owed the plaintiff $150 “ for services and commissions for negotiating and bargaining and selling” for the defendant, at his request, forty-one shares in the stock of the Gillespie Governor Company, a corporation, “ which stock was bargained and sold foi him for $2400.” The answer alleged that “the plaintiff never rendered the defendant any such services, and the plaintiff did not negotiate and bargain and sell for the…
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Contract. The declaration alleged that the defendant owed the plaintiff $150 “ for services and commissions for negotiating and bargaining and selling” for the defendant, at his request, forty-one shares in the stock of the Gillespie Governor Company, a corporation, “ which stock was bargained and sold foi him for $2400.” The answer alleged that “the plaintiff never rendered the defendant any such services, and the plaintiff did not negotiate and bargain and sell for the defendant said stock, and said stock was not bargained and sold for the defendant.” The plaintiff testified that the…
1Opinion of the CourtColt, J.
This action is to recover commissions for nego*172tiating and selling certain shares of stock in a corporation. The whole evidence produced negatives any sale of the stock by the plaintiff. The sale was actually effected by the defendant in the absence of the plaintiff. The services rendered for the defendant were not those stated in the declaration. If of any value to the defendant, and rendered at his request, upon promise of compensation, express or implied, they may be recovered for under a count properly framed. Exceptions overruled.
2Cited by3 opinions
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
- Hyams v. MillerSupreme Court of Georgia · 1883
- Mears v. StoneAppellate Court of Illinois · 1892