314 Mass. 677 | Mass. | 1943
The defendant, who was engaged in the business of raising, harvesting and marketing cranberries and interested in acquiring cranberry bogs, employed the plaintiff, a dealer in real estate, on May 7, 1937, to procure for him the cranberry bog property owned by Ware Brothers at a price satisfactory to him. He was to pay her the usual commission. The defendant had been familiar with the property since 1930, and had endeavored since 1936, through a firm of brokers, to secure it but his efforts had been unsuccessful. Within a few days after her employment began, the plaintiff secured a written offer from the attorney of the owners to sell all their property for $120,000, a copy of an agreement of the owners with an electric company giving the latter a right of way over the land, and also a list of the encumbrances upon the property. The defendant told her that he would buy it and pay cash for it. He planned to
The defendant concedes that the judge could find that the defendant and the attorney for the owners agreed upon the price and the property to be conveyed and that the judge could have found for the plaintiff if the owners had accepted the cash offer by the defendant to pay $120,000 and the defendant then repudiated this offer, but contends that the parties never agreed upon the manner in which the purchase price was to be paid. The only question then is whether the finding that they did agree can be supported upon any reasonable view of the evidence including all the rational inferences of which it was susceptible. Moss v. Old Colony Trust Co. 246 Mass. 139. Howard v. Malden Savings Bank, 300 Mass. 208. Codman v. Beane, 312 Mass. 570.
The evidence including the conversations of the defendant with the attorney, his admissions to the plaintiff, and his entire conduct subsequent to May 12, 1937, was ample to support a finding that he had agreed on the last mentioned date to purchase the property upon the terms offered by the owners, and that the plaintiff had fully performed the work she had undertaken at the request of the defendant and was entitled to recover. Cohen v. Ames, 205 Mass. 186. Hutchinson v. Plant, 218 Mass. 148. Trent v. Goldberg, 265 Mass. 219. Laidlaw v. Vose, 265 Mass. 500. Lieberman v. Cohn, 288 Mass. 327. Pacheco v. Medeiros, 292 Mass. 416.
The failure of the defendant to purchase the property in accordance with his agreement, whether in order to avoid a suit by the brokers or for any other reason due to his own fault, would not deprive the plaintiff of her right to recover for accomplishing what she was hired to do and for which she was promised a consideration, Frankina v. Salpietro, 269
There was no error in denying the requests or in finding for the plaintiff.
Exceptions overruled.