Follansbee v. O'Reilly
Massachusetts Supreme Judicial Court
Contract for commissions and services in the purchase of a house for the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant is the Catholic bishop of the diocese in which the city of Worcester is situated, and holds in his name the title to all the church property.
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Contract for commissions and services in the purchase of a house for the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The defendant is the Catholic bishop of the diocese in which the city of Worcester is situated, and holds in his name the title to all the church property. In the spring or summer of 1880, he authorized the Rev. J. B. Primeau, pastor of the French Catholic church in Worcester, to purchase an estate adjoining the church, called the Willard estate, for a parsonage, which estate was purchased and conveyed…
1Opinion of the CourtW. Allen, J.
If the plaintiff acted as a broker for the defendant in the purchase of the Willard house, he also acted as a broker for Lincoln in the sale of his house; and we understand the instructions to relate only to the question whether, in that case, the matters in which he acted for his two principals constituted one transaction, in which their interests were opposed to each other, within the principles laid down in Farnsworth v. Hemmer, 1 Allen, 494, Walker v. Osgood, 98 Mass. 348, and Rice v. Wood, 113 Mass. 133. No question was made as to the knowledge of the principals that the plaintiff acted…
2Cases cited2 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Barton v. PowersMassachusetts Supreme Judicial Court · 1903
- O'Keefe v. CashmanMassachusetts District Court, Appellate Division · 1944