Newhall v. Pierce

• Decision Date: 04 September 1874
• Citation: Newhall v. Pierce, 115 Mass. 457 (Mass. 1874)
• Court: Supreme Judicial Court of Massachusetts
• Parties: Edward B. Newhall & another v. William L. Pierce

115 Mass. 457

Edward B. Newhall & another v. William L. Pierce

Supreme Court of Massachusetts

September 4, 1874

Suffolk. Contract for commissions on the sale of a house. At the trial in the Superior Court, before Devens, J., the following facts appeared: The defendant employed the plaintiffs, who were real estate brokers, to sell a house in Melrose, belonging to him. Afterwards the defendant sold the house to one Andrews who was a member of the firm of Wadleigh, Spurr & Co. and immediately after the sale went to the plaintiffs and told them that he had sold the house to one of the firm of Wadleigh, Spurr & Co., and asked what their charge would be; they told him that as they had not sold it, they had no charge against him, unless they had advertised it, and as they had not advertised it they had no charge, but he might give them what he chose to; he gave them ten dollars, and they said that was satisfactory. The plaintiffs introduced evidence tending to show that they had furnished the information which induced Andrews to purchase the house.

The presiding judge instructed the jury "that if, at the time of the settlement, the defendant did not inform the plaintiffs that he had sold the place to Andrews, but did say that he had sold it to one of the firm of Wadleigh, Spurr & Co., of which firm Andrews was a member, and that upon that statement, without the name of Andrews being disclosed the settlement was made, the plaintiffs would not be bound by the settlement, but might recover the balance." The defendant alleged exceptions to the foregoing instructions.

Exceptions sustained.

R. I Burbank & R. Lund, for the defendant.

O Stevens, for the plaintiffs.

Devens J. Colt & Endicott, JJ., absent....