171 Mass. 64 | Mass. | 1898
The plaintiff asks to have the defendant compelled to perform an agreement by which he alleges she was
The plaintiff is a real estate broker, as well as a dealer in real estate. The defendant is married to a second husband. The negotiations out of which the suit arises were carried on by another real estate broker, who has received a commission from the defendant, and who claims one from the plaintiff also; and at the hearing the plaintiff testified that he could pay the bill for the commission.
The plaintiff’s counsel contends that the bill was dismissed upon the ground that the plaintiff knew when he brought the bill that the defendant could not give a good title to the land which she had contracted to convey, while' the defendant chiefly relies upon the fact that the instrument which she signed was never delivered to the plaintiff.
There is nothing in the record to show to us what facts were found, or whether the decree was entered upon either of these grounds. The only evidence as to the value of the plaintiff’s equity was to the effect that it was worth $5,000. There was considerable testimony as to the value of the land to be conveyed in exchange, and the highest price put upon it by any witness was $4,400, so that, upon the evidence, the failure of the defendant to perform her agreement, if she made one, was not pecuniarily disadvantageous to the plaintiff.
There is at least one view which the presiding judge may have taken of the evidence which would justify his decree dismissing the bill. The written agreement binding the defendant to the bargain was signed by her on a Saturday, and was then placed by her in the hands of the intervening broker, by whom it was handed to the plaintiff on the following Thursday. The defendant contended that it was not placed in the broker’s hands for delivery to the plaintiff, and that, she never authorized its de
The presiding justice had the witnesses before him, and we cannot say that he was wrong in dismissing the bill.
Decree affirmed.