327 Mass. 77 | Mass. | 1951
The plaintiff, a broker, saved an exception to the direction of a verdict for the defendants in this action of contract which he brought to recover a commission.
In determining the correctness of the ruling, the plaintiff is entitled to the view of the evidence most favorable to
The plaintiff told Jacob Adamian on September 16, 1948, that Lehigh was interested in the property, that he had told Lehigh that the annual rental for Dura’s unexpired term was $10,200, but that Lehigh wanted to know what the rental would be after the expiration of the Dura lease. The plaintiff was told by Jacob Adamian on September 18, 1948, that the defendants were agreeable to a .sublease to Lehigh at an annual rental of $10,200 for the unexpired term and an annual rental of $10,800 for an additional thirty-two months. When the plaintiff communicated these terms to Maliotis, an officer of Lehigh, he learned that Maliotis would not pay the $10,800 rental but that he would discuss with his officers the matter of a five year lease at a rental of $10,200. Phillips on September 23, 1948, offered to sublet to Lehigh Dura’s unexpired term at an .annual rental of $9,600 and the payment by Lehigh of the plaintiff’s commission of $960. The plaintiff then saw Jacob Adamian and told him that Lehigh would be
The jury could find that the defendants knew that Lehigh was the plaintiff’s customer and that it was the only available tenant; that an inference was warranted that the defendants knew that Lehigh was willing to pay an annual rental of $10,200 and that Lehigh’s real objection was to the rental of $10,800 for a term beyond Dura’s unexpired term; that Lehigh desired to obtain a lease for a five year term;, that the defendants had no objection to Lehigh on the ground that it was not financially responsible; that Mirak was a straw acting in behalf of the defendants; that he was given a lease in which the provision requiring the written
This total rental in the trade made between Mirak and Lehigh for the full five year term was $1,600 less than the only offer made by the plaintiff to Lehigh. This lowering of the rental by the defendants acting through Mirak and the requirement of the payment of $3,000 cannot be said as matter of law to be such a substantial difference as to preclude a finding that there was a causal relation between the plaintiff’s efforts and the making of the sublease. Hall v. Grace, 179 Mass. 400, 403-404. French v. McKay, 181 Mass. 485, 486. Stuart v. Valsom, 249 Mass. 149, 152. Provost v. Burgin, 287 Mass. 273, 274-275. Holton v. Shepard, 291 Mass. 513, 516. Pacheco v. Medeiros, 292 Mass. 416, 420.
The jury could also find that no new or intervening cause occurred during the few days after Mirak got his lease and before the subletting to Lehigh, and that the efforts which the plaintiff had made continued as an operative and efficient force in bringing about the subletting of the defendants’ premises to Lehigh which the plaintiff had procured and which was not only able, ready and willing to become a tenant on the defendants’ terms but in fact did become such a tenant. At least whether the plaintiff was the predominating effective cause of the subletting to Lehigh was a question of fact which should have been submitted to the jury. Stuart v. Valsom, 249 Mass. 149. Green v. Warren Institution for Savings, 312 Mass. 307. Blood v. Jenkins, 312 Mass. 691. Corleto v. Prudential Ins. Co. 320 Mass. 612.
The plaintiff’s exceptions are sustained and, in accordance with the stipulation of the parties, judgment is to be entered for the plaintiff for $1,836.
So ordered.