Gingras v. Stark Estates, Inc.
| Decision Date | 26 November 1968 |
| Docket Number | No. 5827,5827 |
| Citation | 248 A.2d 86,109 N.H. 242 |
| Parties | Robert J. GINGRAS v. STARK ESTATES, INC. |
| Court | New Hampshire Supreme Court |
Winer, Lynch & Pillsbury, and Philip R. Currier, Nashua, for plaintiff.
Leonard, Leonard & Prolman, Richard W. Leonard, Nashua, for defendant.
This action to recover a balance claimed to be due upon a real estate commission was tried by the Court resulting in a verdict for the defendant. The plaintiff's exceptions were transferred by Keller, J.
In July of 1965 the defendant orally engaged the plaintiff to sell some land in Londonderry, New Hampshire. The plaintiff brought one Burgess, a builder and developer, into negotiations with the defendant. As a result the defendant entered into a written buy and sell agreement with Route 93 Estates, Inc., a corporation formed for the purpose by Burgess. The agreement contemplated that the buyer would lay out the land into house lots and sell them.
Defendant in accordance with the agreement conveyed 4.26 acres to the buyer who paid $3,000. Defendant was to convey 10 lots to the buyer as soon as the lots were laid out and additional parcels of 10 lots as required for the orderly development of the property. The buyer would give a mortgage back to the defendant on each 10 lot parcel consistent with the terms of the agreement which further provided that the buyer would pay the defendant $1,000 for each lot resold. The buyer was to pay not less than $10,000 each year and purchase the entire property which contained 45 lots within five years.
The first 10 lot parcel was conveyed to the buyer in accordance with the agreement. Three houses were built but only one was sold and defendant received $1,000 therefor from the buyer. The other two lots had been mortgaged to a bank which later foreclosed. Difficulty was encountered in developing the land and the buyer failed to pay $10,000 during the first year and decided not to continue with the development. A settlement was reached without consultation with the plaintiff whereby the buyer reconveyed all the property except the three lots upon which houses had been built and paid defendant $1,000. The defendant paid plaintiff $500 in commission. The plaintiff claims a commission on the entire 45 lots, or a balance of $4,000.
The Trial Court found that ...
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Belleau v. Hopewell, 79-158
...commissions are for the trier of fact. F. A. Larson Realty Co., Inc. v. Hayes 114 N.H. 501, 323 A.2d 914 (1974); Gingras v. Stark Estates, Inc., 109 N.H. 242, 248 A.2d 86 (1968). Evidence was introduced at trial that Hopewell granted Blanchard a listing and discussed the sale price, the ava......
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F. A. Larson Realty Co., Inc. v. Hayes
...N.H. 370, 54 A.2d 363) and since the findings could reasonably be made on all the evidence they must stand.' Gingras v. Stark Estates, 109 N.H. 242, 244, 248 A.2d 86, 88 (1968); Guy v. Hanley, 111 N.H. 73, 276 A.2d 1 (1971); Kenroy, Inc. v. Berthold, 11 Ill.App.3d 1039, 298 N.E.2d 387 (1973......
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Burleigh v. Ploegstra
...instances of inconsistent statements by plaintiff were revealed at the trial and her credibility was for the jury. Gingras v. Stark Estates, 109 N.H. 242, 248 A.2d 86 (1968). The trial justice who denied the motion to set aside the verdict was in a position to observe the plaintiff and her ......
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Dunn v. Staples, 5785
...agreement the buyers were unable to finance the purchase, the plaintiffs are not entitled to a commission. Gingras v. Stark Estates, 109 N.H. --, 248 A.2d 86 (Nov. 26, 1968). Judgment on the All concurred. ...