254 Mass. 363 | Mass. | 1926
This is an action of contract by the plaintiffs, a firm of brokers, for a commission on an alleged sale of real property of the defendant. The plaintiffs’ counsel, after the introduction of the evidence of one Pecker, their employee, who had charge of the negotiations, and of the plaintiff McAuslan, stated, that he had further witnesses. While the defendant’s testimony, in substance, was in direct contradiction, the jury would have been warranted in finding on the evidence of Pecker and McAuslan the following facts. '
Pecker called on the defendant, and asked if he could have the selling of her property at 18 Newbury Street, Boston. The defendant said that another party had an option which would not expire for two or three days. The property, however, was for sale for $46,000, of which she would take $6,000 in cash, a lease for five years of the entire building with an option of two year's more, the rental to be $4,000 a year. The defendant was ‘ ‘ to pay the expenses, except the interest on two mortgages ... on the premises,” and the interview ended. But two or three days later Pecker called again and told the defendant that he had with him some signed agreements which did not call for a lease of the
It is obvious that on such findings there was neither an express, nor an implied contract, and the plaintiffs had failed to show that either a commission or reasonable compensation for services rendered, had been earned. Fitzpatrick v. Gilson, 176 Mass. 477, 478. Barton v. Powers, 182 Mass. 467. Edward T. Harrington Co. v. Waban Bose Conservatories, 222 Mass. 372.
While the plaintiff did not expressly rest, and called Ross the proposed purchaser, on whose uncontradicted evidence it .could be found not only that he was unable to pay in cash
The verdict was ordered rightly. The plaintiffs had failed, as matter of law, to show any contract for reasons previously stated. Their subsequent offer of proof, that “Ross had a party at his command ready to take the property,” which the judge rejected, as well as the rulings and comments on the evidence of Ross, to which the plaintiffs excepted, are immaterial.
Exceptions overruled.