263 Mass. 562 | Mass. | 1928
This is an action of contract, tried to a jury in the Superior Court, to recover a brokerage commission for procuring at the request of the defendants a customer ready, willing and able to purchase a certain parcel of real estate upon the defendants’ terms. In the course of the trial the action was discontinued against the defendant Tobey by the plaintiff. At the close of the evidence the defendant Rosen presented a motion for a directed verdict in his favor, and, in answer to a question by the presiding judge, stated that the ground of the motion was that “there is no evidence of the ability of this man to carry through this deal or of his . . . ability or willingness or readiness” to go through with it. The motion was denied and the case is before this court solely on the exception taken to the denial of the motion.
The evidence most favorable to the contentions of the plaintiff warranted the jury in finding the following facts:
Upon the testimony of the plaintiff the jury would be warranted in finding, but were not required to find, that the oral agreement expressed fully the terms of the contract, and that the proposed written agreement was intended by the
The case was submitted to the jury rightly.
Exceptions overruled.