MacGREGOR v. LABUTE


14 Mass. App. Ct. 203 (1982)

437 N.E.2d 574

FORBES MacGREGOR vs. HENRY C. LABUTE (and a companion case).

Appeals Court of Massachusetts, Barnstable.

July 20, 1982.


Attorney(s) appearing for the Case

Gerald W. Motejunas (William Tick with him) for the plaintiff.

David W. Pyne for the defendant.

Present: GRANT, GREANEY, & DREBEN, JJ.


DREBEN, J.

The primary issue on this appeal is whether the Statute of Frauds bars an action by a real estate broker against the owner of real estate for damages for the breach of an oral contract which provides that the buyer, rather than the defendant seller, is to pay the broker's commission. The promise which the defendant allegedly failed to honor was that he would consummate the transaction if the broker should produce a buyer meeting the defendant's terms. We...

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