317 Mass. 478 | Mass. | 1945
The plaintiff got a verdict upon a count for a real estate broker’s commission in procuring a lease made on February 26, 1941, of part of the defendant’s real estate in Cambridge for five years to Paramount Coat Company, a partnership composed of Louis Freedman and Max Cohen. The only exception is to the denial of the defendant’s motion for a directed verdict in its favor.
The evidence in favor of the plaintiff may be summarized as follows. One Pond was the “actual, active and dominating head” of the defendant corporation, but one Elms, his assistant, was empowered to attend to all details of negotiating leases of real estate, except the final acceptance of the terms arranged by negotiation. Both Pond and Elms knew that the plaintiff was a real estate broker. As such the defendant had paid him a commission in December, 1939, for procuring a lessee for part of its real estate. After that Elms askéd him to procure lessees for other parts, and knew that he was trying to do so until shortly before Feb
Early in February, 1941, the Paramount Coat Company told the plaintiff that they were about to sign a lease of a different factory. The plaintiff argued with them that the defendant’s space was more desirable.
In fact, the Paramount Coat Company had visited Elms in January, 1941, and talked about leasing space. Early in February a lease was arranged, although it was not signed until February 26, 1941. No one told the plaintiff of any such negotiations. The defendant paid one of its own employees and an employee of the Paramount Coat Company $300 for bringing the parties' to the lease together.
Upon the evidence, the plaintiff’s efforts could have been found to have been the efficient cause of the lease. Sherman v. Briggs Realty Co. 310 Mass. 408. Beck v. Warren Institution for Savings, 312 Mass. 315. Haney v. Beaton, 314 Mass. 677. It need not be shown that when the defendant signed the lease it knew that the plaintiff was the efficient cause. Provost v. Burgin, 287 Mass. 273, 275. Brokers have recovered commissions where they took no part in the negotiations, never saw the customer, and did nothing except advertise the property. Gleason v. Nelson, 162 Mass. 245. Maloon v. Barrett, 192 Mass. 552. Green v. Warren Institution for Savings, 312 Mass. 307, 308. The
Exceptions overruled.