265 Mass. 219 | Mass. | 1928
This is an action to recover a commission for having procured a purchaser for certain real estate owned by the defendant.
The plaintiff testified that on April 5, 1927, he met the defendant on the premises and the latter told him that the property was a three-family house upon which there was a first mortgage of $5,000 held by a savings bank, and a second mortgage for $3,600, both to run two years; that the price for the property was $10,500, and he would pay a commission of three and one half per cent. The plaintiff further testified that on April 10, 1927, he went to the premises with one Jarrett and a Mrs. Blunt, who had previously agreed to look at the house, and from there they went to the defendant’s house; that the plaintiff went over the figures; that Mrs.
At the close of the evidence the defendant presented ten requests for rulings. Requests numbered 4, 5, and 6 were given; the others were refused. The judge found for the plaintiff in the sum of $300.
The evidence warranted a finding that a definite agreement was made between the plaintiff and the defendant by which the plaintiff was to receive from the defendant a commission of $300 if a customer was produced who was ready, able and willing to purchase the property for $10,300; that the plaintiff produced such a customer, but the sale was not effected for the reason that such customer refused to buy because of the defendant’s misrepresentations respecting the mortgages and the time when they would mature. If the
The cases, relied on by the defendant, which hold that a commission is not earned unless there is a completed sale, are different in their facts from the case at bar and are not applicable. See Munroe v. Taylor, 191 Mass. 483; Noyes v. Caldwell, 216 Mass. 525. The facts in the present case are plainly distinguishable from those in Field v. Hamm, 254 Mass. 268.
All but one of the defendant’s requests that were refused were based upon assumed facts which the judge stated he did not find. It follows that he was not required to make the rulings requested.
Order dismissing report affirmed.