Casey v. Fritz Carlton Hotel Co.

• Citation: 254 Mass. 223,150 N.E. 162
• Parties: CASEY et al. v. FRITZ CARLTON HOTEL CO.
• Decision Date: 06 January 1926
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

254 Mass. 223

150 N.E. 162

CASEY et al.

v.FRITZ CARLTON HOTEL CO.

Supreme Judicial Court of Massachusetts, Suffolk.

Jan. 6, 1926.

Exceptions from Superior Court, Suffolk County; Frederick Lawton, Judge.

Action of contract by Richard L. Casey and others against the Fritz Carlton Hotel Company to recover a real estate broker's commission. Directed verdict for defendant was refused, and it excepts. Exceptions overruled.

J. M. Graham, of Boston, for plaintiffs.

F. J. Carney, of Boston (P. E. Troy, of Boston, on the brief), for defendant.

PIERCE, J.

This is an action of contract to recover a real estate brokerage commission. The exceptions relate to the refusal of the judge to allow the defendant's motion for a directed verdict and to the admission of certain evidence.

The defendant, Fritz Carlton Hotel Company, owns and all during the year 1922, owned and operated, the Fritz Carlton Hotel, located at the corner of Boylston and Hemenway streets, Boston, Massachusetts. ‘It is agreed that Mina E. Fritz, the president and treasurer of the defendant corporation, had authority to act for and to bind the defendant in its dealings with the plaintiffs as brokers concerning the proposed sale of its hotel property to John F. Sullivan.’ The defendant admits:

‘If any commission is due, the amount of same was agreed on between the plaintiffs and the defendant to be ten thousand dollars ($10,000).’

It is not disputed that the plaintiff R. L. Casey & Co., in all the transactions involved in the determination of the right of the plaintiffs to a commission was represented by a member of that firm, William H. Green.

The evidence warranted a finding that in the spring of [254 Mass. 225]1922, Miss Fritz employed the plaintiffs to find a buyer for the hotel property at the price of $450,000, of which $100,000 was to be paid in cash, the balance to be secured by the assumption of a first mortgage of $150,000, which was on the property and could remain, and a second mortgage of $200,000 to the defendant, payable $15,000 on the principal each year until paid, with interest at the rate of 6 per cent.; that the plaintiff Green laid the proposition of Miss Fritz before one John F. Sullivan, then proprietor of the Hotel Oxford on Huntington avenue; that some weeks later, at the request of Miss Fritz, he introduced Mr. Sullivan, his wife and her sister to Miss Fritz at the Fritz Carlton Hotel; that Miss Fritz said she would like to dispose of all her holdings in Boston, and she whowed them around the house through as many rooms as were available; that she said she was asking $450,000 for the house-$100,000 had to be cash-that she could take care of the mortgages; that Sullivan made no offer to her at that time but talked with the plaintiff Green at different times subsequently in reference to the matter; that Sullivan again saw Miss Fritz in October; that they talked about the money to be raised, $100,000; that Miss Fritz said she had looked up his references, and that where he had his wife's sister in the hotel with him, and his wife, she thought they would do fine there, and that they were just the people she would like to see get the hotel; that she was asking $100,000 cash; that she could take care of the second mortgage but he was to pay it off $15,000 a year; that the full purchase price was $450,000, and the interest on the second mortgage was to be at 6 per cent. It further could have been found warrantably on the evidence that the plaintiffs made an offer to Miss Fritz on behalf of Sullivan of $400,000, $75,000 in cash, subject to first and second mortgages to be arranged by the defendant; and made an offer of $425,000-$75,000 in cash; and that Miss Fritz said ‘No’ to each of these proposals.

A letter, dated September 2, 1922, was sent by the plaintiff Green to Miss Fritz, and was received by her, in these terms:

‘Dear Madam: The writer can close a sale on the Hotel Carlton as follows:

‘Price $400,000.00, $400,000.00 to be paid in cash, and subject to a first mortgage of $250,000.00 provided you will take a straight second mortgage of $150,000.00.

‘As I understood from you the present first mortgage could be paid off. The above purchase price is to include all your right, title and interest, both real and personal, together with furnishings, business, and good will of the Fritz Carlton Hotel, located at 1138 Boylston street, Boston, Mass.

‘Very Respty,

‘[Signed] Wm. H. Green.’

On September 4, 1922, in reply, he received the following letter:

‘My Dear Mr. Green: Four hundred thousand would not interest me as I paid more.

‘Why not try to sell your people the Princeton as it will not require so much cash and great opportunity for a Cafeteria.

‘Yours truly,

[Signed] M. E. Fritz.'

In answer to this, the plaintiff Green, on September 26, 1922, wrote Miss Fritz, and she received, the following letter:

‘Dear Madam: My customer, Mr. Sullivan, is ready with $100,000 cash, which you said you would take on sale of Fritz Carlton property.

‘Full amount purchase price $450,000. Balance on mortgage.

‘Now, awaiting to close the deal.

‘Respectfully,

‘[Signed] Wm. H. Green.’

Miss Fritz telegraphed the plaintiff Green on September 28, 1922, ‘Cannot be in Boston before October tenth;’ and on October 24, 1922, wrote him the following letter, which he received:

‘My Dear Sir: As I am tied up here on legal matters it will be impossible to state the exact date of my return about November 7th. Up to this writing you have not shown...