Barnard v. Coffin
Massachusetts Supreme Judicial Court
Contract, with counts in tort. After the former decision reported 138 Mass. 37, the case was tried in the Superior Court, without a jury, before Knowlton, J., who found the following facts: In March, 1882, the defendants, for a compensation to be paid by a commission, undertook to aid the plaintiff in selling one hundred and sixty acres of land in Rock Island County, Illinois, by obtaining, if possible, offers for it and communicating them to him for his acceptance or…
Read the full summary
Contract, with counts in tort. After the former decision reported 138 Mass. 37, the case was tried in the Superior Court, without a jury, before Knowlton, J., who found the following facts: In March, 1882, the defendants, for a compensation to be paid by a commission, undertook to aid the plaintiff in selling one hundred and sixty acres of land in Rock Island County, Illinois, by obtaining, if possible, offers for it and communicating them to him for his acceptance or rejection, together with such information as they could readily obtain to assist him in determining his action upon these…
1Opinion of the CourtField, J.
Of the rulings requested by the defendants, the second and third were refused because the facts were not found to' be as they were assumed to be in the requests; and this is a sufficient reason for the refusal.
The remaining exception is to the refusal to rule that on the whole evidence the plaintiff could not maintain the action. The judge found that no consent was given by the plaintiff to the defendants to delegate their authority to a sub-agent, and that no custom or usage to delegate authority in similar cases was shown; and that the nature of the employment of the defendants by the…
2Cases cited1 opinion
- Barnard v. CoffinMassachusetts Supreme Judicial Court · 1884
3Cited by16 opinions
- Cowan v. EASTERN RACING ASSOCIATION, INC.Massachusetts Supreme Judicial Court · 1953
- Rayden Engineering Corp. v. ChurchMassachusetts Supreme Judicial Court · 1958
- Sorenson v. SmithOregon Supreme Court · 1913
- Texas Co. v. BriceCourt of Appeals for the Sixth Circuit · 1928
- H. D. Watts Co. v. American Bond & Mortgage Co.Massachusetts Supreme Judicial Court · 1930
11 more not listed; retrieve them via the Exa API.