Carnes v. Finigan
Massachusetts Supreme Judicial Court
Contract for a commission alleged to be due to the plaintiff for procuring for the defendant a purchaser of his liquor business.
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Contract for a commission alleged to be due to the plaintiff for procuring for the defendant a purchaser of his liquor business. Writ in the Municipal Court of the City of Boston dated September 10, 1906. On appeal there was a trial before Pierce, J. The plaintiff’s evidence tended to show that the employment of the plaintiff by the defendant was not exclusive of other brokers, and the other facts which the opinion states the jury were warranted in finding; and the defendant’s evidence tended to controvert those facts. At the close of the evidence, the defendant requested the presiding judge…
1Opinion of the CourtLoring, J.
1. We are of opinion that the judge was right in refusing to direct a verdict for the defendant.
The jury were warranted in finding that the defendant employed the plaintiff to find a purchaser for his liquor business and promised to pay him a commission equal to five per cent on the purchase money. They were further warranted in finding that the plaintiff gave to one Casey, vice president of the Massachusetts Breweries Company, the name of the defendant’s liquor business and of two others, knowing that the company was in the habit of advancing the money necessary to make a purchase of a…
2Cases cited4 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- French v. McKayMassachusetts Supreme Judicial Court · 1902
- Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
- Crowninshield v. FosterMassachusetts Supreme Judicial Court · 1897
3Cited by17 opinions
- Sessions v. Pacific Improvement Co.California Court of Appeal · 1922
- Arwood v. Hill's AdministratorSupreme Court of Virginia · 1923
- Pacheco v. MedeirosMassachusetts Supreme Judicial Court · 1935
- Willard v. WrightMassachusetts Supreme Judicial Court · 1909
- Shober v. BlackfordMontana Supreme Court · 1912
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