GILBERT v. MERRIMAC DEVELOPMENT CORP.


333 Mass. 758 (1956)

133 N.E.2d 491

WALTER W. GILBERT vs. MERRIMAC DEVELOPMENT CORPORATION.

Supreme Judicial Court of Massachusetts, Essex.

March 28, 1956.


Attorney(s) appearing for the Case

Alfred L. Daniels, for the defendant.

Paul V. Salter, for the plaintiff.

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


WILKINS, J.

This is an action of contract to recover "a commission" under an oral contract for obtaining orders for the defendant. One of the defences was that "the transaction from which the plaintiff's alleged claim arises was illegal." The trial judge found for the plaintiff. The Appellate Division dismissed a report, and the defendant appealed.

There was evidence warranting the findings here enumerated. The plaintiff, who was treasurer of Dartmouth Box...

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