COHN v. CONWAY


1980 Mass. App. Div. 165 (1980)

Simon Cohn & another vs. Francis Conway & another

Massachusetts Appellate Division, Western District.

November 14, 1980.


Attorney(s) appearing for the Case

Geoffrey A. Wilson for the plaintiff.

Theodore J. Bobetsky for the defendant.

Present: Walsh, P.J., Larkin & Cimini, JJ.


Larkin, J.

This is a contract action in which plaintiff seeks to recover from defendants a real estate broker's commission.

The evidence of record shows that an oral agreement was made between plaintiff and defendants under which plaintiff was retained to obtain a purchaser for their home. Plaintiff was to receive a commission upon consummation of sale to be paid out of the proceeds.

In due course, the plaintiff located a Mr. and Mrs. Godwin who orally...

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