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BERMAN v. GELLER

325 Mass. 377 (1950)

90 N.E.2d 843

GEORGE A. BERMAN vs. MAX GELLER.

Supreme Judicial Court of Massachusetts, Essex.

March 1, 1950.

Attorney(s) appearing for the Case

M.A. Cregg, for the defendant.

S.C. Struffolino & M. Nicholson, for the plaintiff.

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

WILKINS, J.

The parties were dealers in real estate. The plaintiff owned a parcel of land which the defendant desired to buy. The asking price was $7,500, and the defendant offered $6,500. There was evidence that the plaintiff said, "I will let you have it at $6,500 providing, if you sell it for more than $7,000, we will split the excess," and the defendant assented.

A written agreement dated November 30, 1946, was...

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