Legal Opinion

O'Connell v. Casey

Massachusetts Supreme Judicial Court

Decided October 19, 1910PublishedCited by 27 opinions

Contract for á commission as a broker for procuring a sale of real estate for the defendant. Writ in the Police Court of Holyoke dated September 4, 1909. On appeal to the Superior Court, the case was tried before Schofield, J. The important facts are stated in the opinion. At the close of the evidence, the defendant asked for the following rulings among others: “ 1. Upon all the evidence the plaintiff cannot recover.

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Contract for á commission as a broker for procuring a sale of real estate for the defendant. Writ in the Police Court of Holyoke dated September 4, 1909. On appeal to the Superior Court, the case was tried before Schofield, J. The important facts are stated in the opinion. At the close of the evidence, the defendant asked for the following rulings among others: “ 1. Upon all the evidence the plaintiff cannot recover. “ 2. There is no evidence that James J. Casey [the defendant’s husband] was authorized by Mary Casey [the defendant] to act as her agent in the employment of plaintiff. “ 3. As a…

1Opinion of the CourtLoring, J.

The main facts in this case are as follows:

In 1907 the plaintiff and the defendant’s husband had a conversation about the sale of the defendant’s land and buildings where the husband carried on his business as a blacksmith. The plaintiff testified that the husband then employed him as a broker to get a customer for them at the price of $15,000. The husband testified that the plaintiff wanted him to put a price on them at that time; that he refused to do so, but said, “ If any one gave me an offer of $15,000 I would consider it with my wife.” In March, 1909, one Metcalf, an officer of the Farr…

2Cases cited8 opinions

  1. Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  2. Fitzpatrick v. GilsonMassachusetts Supreme Judicial Court · 1900
  3. Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
  4. Lufkin v. JakemanMassachusetts Supreme Judicial Court · 1905
  5. Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904

3 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
  2. Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
  3. Walsh v. GrantMassachusetts Supreme Judicial Court · 1926
  4. Glassman v. BarronMassachusetts Supreme Judicial Court · 1931
  5. Cronin v. National Shawmut BankMassachusetts Supreme Judicial Court · 1940

22 more not listed; retrieve them via the Exa API.

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