174 Mass. 410 | Mass. | 1899
The plaintiffs, by their bill in equity, asked an injunction against the defendants to prevent the foreclosure of a mortgage and the collection of a note given by them to the defendants. The note was given in payment of a commission for services as brokers in selling the plaintiffs’ real estate.
The only question presented is whether the judge was bound, as matter of law, to rule or find that the sale had fallen through. All that occurred on which to ask such a ruling was the refusal of Chapin to pay the first instalment due on the mortgage note which she gave to the plaintiffs, accompanied by a declaration that she was unable to pay it. If this would have warranted the plaintiffs in treating the sale as having fallen through within the meaning of the language in their note, and in cancel-