276 Mass. 126 | Mass. | 1931
This is an action of contract to recover a broker’s commission. Although it is not disclosed by the report that the property in question was owned by both defendants, who are husband and wife, the plaintiff’s brief so states, and we assume that it is true. The property of the defendants is situated in Nashua, in the State of New Hampshire, and consists of two business blocks which, in 1925, were being renovated and made into stores, offices and apartments. It appears in the report that this case was previously tried before a jury in the Superior Court of New Hampshire; on exceptions it went to the Supreme Court of that State, and was afterwards discontinued. It was agreed that the record or bill of exceptions by which the case was carried from the Superior Court to the Supreme Court of New Hampshire be received and used for whatever purpose either party deemed proper “excepting that it is not to be considered as evidence in the present case.” The evidence in that case is not before us, and as the case did not go to judgment but was discontinued it has no bearing upon any issue involved in the case at bar.
There was evidence introduced by the plaintiff at the trial
There is nothing.to show that the defendants acted in bad faith. They could revoke the plaintiff’s authority while the negotiations with a prospective purchaser were in progress. Pagum v. White, 259 Mass. 437. In these circumstances it cannot be held that the terms of sale had been completed. The fact the parties were to meet again is evidence tending to show they did not intend that the previous negotiations should amount to a final agreement. As the alleged agreement was entered into and all the negotiations were had in the State of New Hampshire, the rights of the parties are to be determined by the law of that State where, as in this Commonwealth, it is settled that a broker employed to sell property is entitled to a commission when he brings to his principal a customer who is able and willing to purchase the property on the terms stated by his principal. Parker v. Estabrook, 68 N. H. 349. Morrison v. Hall, 78 N. H. 48. Wilson v. Atwood, 81 N. H. 61, 65. Fitzpatrick v. Gilson, 176 Mass. 477. There was no evidence which warranted a finding that any final agreement had been procured by the plaintiff for the sale of property on the defendant’s terms. Glendon v. Pyne, 275 Mass. 528. Even if the evidence had warranted a finding that a final agreement had been entered into between the defendants and Brown upon the terms stated in the record, the plaintiff would not be entitled to recover as the agreement did not cover all the terms essential to the sale of the property. There was no agreement as to the time the deed and mortgages were to be delivered. Flax v. Sovrensky, 262 Mass. 60, 62. Nothing was said about the rate of interest on the first mortgage or when the principal was to be made payable. All these material provisions relating to the mortgage apparently were left at the last conference between the parties for further consideration and settlement.
Judgment on the verdict.