SUMMERS v. WATERHOUSE


332 Mass. 363 (1955)

125 N.E.2d 128

MERLE G. SUMMERS vs. DONALD H. WATERHOUSE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 1955.


Attorney(s) appearing for the Case

James D. St. Clair, for the plaintiff.

Morris Michelson, (Joseph T. Fahy with him,) for the defendant.

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


LUMMUS, J.

The parties are life insurance agents. The plaintiff seeks a share in commissions amounting to $13,600.85 received by the defendant with respect to life insurance on the lives of Ralph A. Powers and his wife, and future renewal commissions on the same insurance. The evidence is reported, and the judge made express findings of fact. He found that there was no express or implied agreement between the parties as to sharing commissions. He found that instead...

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