KAUFMAN v. KAITZ


325 Mass. 149 (1949)

89 N.E.2d 505

JOSEPH S. KAUFMAN, trustee, vs. MAX KAITZ.

Supreme Judicial Court of Massachusetts, Essex.

December 29, 1949.


Attorney(s) appearing for the Case

W.E. Sisk, R.L. Sisk, & S. Mondlick, for the defendant, submitted a brief.

B. Aldrich, for the plaintiff.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


LUMMUS, J.

The plaintiff owned real estate in Lynn at the corner of Western Avenue and Franklin Street. In May, 1944, he employed the defendant as a broker to procure a customer for the real estate. The price named at first was $50,000, but when the defendant told the plaintiff later that he had a customer who would pay $45,000, the plaintiff became willing to sell at that price, and an agreement was executed by one Mishara, the plaintiff, and the defendant "(as broker...

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