MERRILL v. PREBILT CO.


329 Mass. 166 (1952)

107 N.E.2d 438

WARREN C. MERRILL & another vs. THE PREBILT CO.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1952.


Attorney(s) appearing for the Case

Harry Finn, for the defendant.

James G. Fay, for the plaintiffs.

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


LUMMUS, J.

On January 14, 1946, the defendant, a corporation, entered into a written agreement with all the stockholders of Nashua Milling Corporation to buy 300 shares, being all the outstanding stock, of the latter corporation at $600 a share, to be transferred on February 14, 1946. The plaintiffs, Merrill and Donovan, were brokers who had brought the parties together. By the agreement the defendant agreed to "assume and pay any and all brokerage commissions due...

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