282 Mass. 571 | Mass. | 1933
This is an action of contract whereby the plaintiff, a real estate broker, seeks to recover compensa
It is manifest that the only scintilla of evidence upon which the plaintiff’s contention can rest is the single inquiry by the defendant as to the amount which the plaintiff would charge as commission. This was insufficient to warrant a finding that the defendant ever entered into any contractual relation express or implied with the plaintiff. One who merely asks the price of goods does not thereby become obligated to purchase. A prospective employer of labor or personal service does not assume contractual obligations merely by asking the price of such service. The
The order of the Appellate Division, to the effect (1) that there was error by the trial judge in granting the plaintiff’s request for a finding in his favor and (2) that judgment should be entered for the defendant, was right and is
Affirmed.