316 Mass. 556 | Mass. | 1944
The plaintiff, a broker, brings an action of contract against the purchasers of real estate, which he had been authorized to sell by. its owner, for a commission of which he alleges he was deprived by the defendants.
A verdict for the defendants was directed on the opening of the plaintiff, who excepted. We assume that the statements of fact, both specific and general, in the following summary of the opening were true and would have been substantiated by testimony. Schleifer v. Worcester North Savings Institution, 306 Mass. 226, 230. Lawless v. Trustees of New York, New Haven & Hartford Railroad, 310 Mass. 211, 212.
The plaintiff, for many years a real estate broker, was authorized by the Union Savings Bank, the owner, to sell an apartment house at 28-32 Deckard Street, Roxbury.
The verdict was rightly ordered. The plaintiff had not earned, and might never have earned, a commission. At no time had he procured the defendants as customers who were accepted by the owner, and who were able, ready, and willing to buy at the price and upon the terms fixed by the owner. Cohen v. Ames, 205 Mass. 186, 188. Sherman v. Briggs Realty Co. 310 Mass. 408, 412. Staula v. Carrol, 312 Mass. 693, 694. Therefore, Gormley v. Dangel, 214 Mass. 5, and Henry W. Savage, Inc. v. Wheelock, 230 Mass. 111, relied upon by the plaintiff, are distinguishable. This is even
Exceptions overruled.