Marston v. Reynolds
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | DE COURCY |
| Citation | 211 Mass. 590,98 N.E. 601 |
| Decision Date | 22 May 1912 |
| Parties | MARSTON v. REYNOLDS. SAWTELLE v. SAME. |
211 Mass. 590
98 N.E. 601
MARSTON
v.
REYNOLDS.
SAWTELLE
v.
SAME.
Supreme Judicial Court of Massachusetts, Suffolk.
May 22, 1912.
Exceptions from Superior Court, Suffolk County; Charles F. Jenney, Judge.
Actions by Agnes F. Marston and William R. Sawtelle, administrator, both against Joseph F. Reynolds. Verdict for plaintiff in each case, and defendant brings exceptions. Exceptions overruled.
Reynolds, the owner, testified that Hobbs, the real estate agent, had full charge of the house, and it was his duty to show people about the same, with a view of renting it when it became vacant, and that the witness had nothing to do with the details of renting or repairing the premises; that Hobbs was a real estate agent having charge of the estates of 15 or 20 different owners; that the witness knew nothing about the advertising of the property to let; that Hobbs had had charge of it for about five years, and that the witness had purchased it some time before the accident; that Hobbs' authority included the authority to advertise, but he had no special authority to advertise; and that Hobbs attended to the collecting of rents and repairing of the property, and accounted to the witness for the rental, after deducting his charges and the expenses.
Reynolds also testified that he never knew or heard of Mr. Otis, until after the accident, and never gave him any instructions whatever. Other witnesses testified that Otis, who was dead at the time of the trial, stated that he was employed by Hobbs, who was in the real estate business; that he had stated that he had charge of the house and the keys to it, and was showing the plaintiff through the house at the time of her injury.
Hobbs testified that he was a real estate agent and had been in the business since 1885; that he had some 30 or 40 estates in his charge, which he took care of for the owners, collecting the rents and looking out for the repairs, and having the general oversight of the property; that he secured tenants and rented the property; that he made a contract with the defendant Reynolds, to take charge of the property where the plaintiff was injured, as a real estate agent, for 5 per cent. of the rentals, and was to look after repairs and keep general oversight over it; and that he employed Otis to sweep and dust up the house and show it to customers who wanted to rent it.
[98 N.E. 602]
Jos. [211 Mass. 592]A. Dennison and Robt. Gallagher, both of Boston, for plaintiffs.
Geo. M. Stearns and Wm. Reed...
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In re McDermott
...233]Dutton v. Amesbury National Bank, 181 Mass. 154, 63 N. E. 405;Corliss v. Keown, 207 Mass. 149, 152, 93 N. E. 143;Marston v. Reynolds, 211 Mass. 590, 98 N. E. 601;[283 Mass. 77]McAllister's Case, 229 Mass. 193, 118 N. E. 326;Bradley's Case, 269 Mass. 399, 169 N. E. 156;Wescott v. Henshaw......
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Story v. Lyon Realty Corp.
...188 Mass. 268, 74 N.E. 328;Wills v. Taylor, 193 Mass. 113, 78 N.E. 774;Hamilton v. Taylor, 195 Mass. 68, 80 N.E. 592;Marston v. Reynolds, 211 Mass. 590, 98 N.E. 601;Goldstein v. Slutsky, 254 Mass. 501, 150 N.E. 326;Statkunas v. L. Promboim & Son, Inc., 274 Mass. 515, 174 N.E. 919;Denny v. R......
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Story v. Lyon Realty Corp.
...160 Mass. 246 . Wright v. Perry, 188 Mass. 268 . Wills v. Taylor, 193 Mass. 113 . Hamilton v. Taylor, 195 Mass. 68 . Marston v. Reynolds, 211 Mass. 590 . Goldstein v. Slutsky, 254 Mass. 501 . Statkunas v. L. Promboim & Son Inc. 274 Mass. 515 . Denny v. Riverbank Court Hotel Co. 282 Mass. 17......
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Lord v. Lowell Inst. for Sav.
...person, and either were known or, in the exercise of reasonable care, should have been known to the defendant. Marston v. Reynolds, 211 Mass. 590, 592, 98 N.E. 601;Sleeper v. Park, 232 Mass. 292, 295, 122 N.E. 315;Fulton v. Edison Electric Illuminating Co., Mass., 21 N.E.2d 609, and cases c......
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In re McDermott
...233]Dutton v. Amesbury National Bank, 181 Mass. 154, 63 N. E. 405;Corliss v. Keown, 207 Mass. 149, 152, 93 N. E. 143;Marston v. Reynolds, 211 Mass. 590, 98 N. E. 601;[283 Mass. 77]McAllister's Case, 229 Mass. 193, 118 N. E. 326;Bradley's Case, 269 Mass. 399, 169 N. E. 156;Wescott v. Henshaw......
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Story v. Lyon Realty Corp.
...188 Mass. 268, 74 N.E. 328;Wills v. Taylor, 193 Mass. 113, 78 N.E. 774;Hamilton v. Taylor, 195 Mass. 68, 80 N.E. 592;Marston v. Reynolds, 211 Mass. 590, 98 N.E. 601;Goldstein v. Slutsky, 254 Mass. 501, 150 N.E. 326;Statkunas v. L. Promboim & Son, Inc., 274 Mass. 515, 174 N.E. 919;Denny v. R......
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Story v. Lyon Realty Corp.
...160 Mass. 246 . Wright v. Perry, 188 Mass. 268 . Wills v. Taylor, 193 Mass. 113 . Hamilton v. Taylor, 195 Mass. 68 . Marston v. Reynolds, 211 Mass. 590 . Goldstein v. Slutsky, 254 Mass. 501 . Statkunas v. L. Promboim & Son Inc. 274 Mass. 515 . Denny v. Riverbank Court Hotel Co. 282 Mass. 17......
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Lord v. Lowell Inst. for Sav.
...person, and either were known or, in the exercise of reasonable care, should have been known to the defendant. Marston v. Reynolds, 211 Mass. 590, 592, 98 N.E. 601;Sleeper v. Park, 232 Mass. 292, 295, 122 N.E. 315;Fulton v. Edison Electric Illuminating Co., Mass., 21 N.E.2d 609, and cases c......