RICHARD TUCKER ASSOCIATES, INC. v. SMITH


395 Mass. 648 (1985)

481 N.E.2d 489

RICHARD TUCKER ASSOCIATES, INC. vs. DONALD B. SMITH & another.

Supreme Judicial Court of Massachusetts, Berkshire.

August 12, 1985.


Attorney(s) appearing for the Case

Gerald A. Denmark for the plaintiff.

J. Norman O'Connor, Philip H. Grandchamp, John D. Lanoue, & David B. Mongue for the defendants.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


LYNCH, J.

The plaintiff appeals from an order of the Appellate Division reversing a judgment entered in his favor in the Pittsfield Division of the District Court. The plaintiff sued to recover $10,250 for the breach of an alleged oral contract for a real estate broker's commission. The defendants asserted as an affirmative defense that the alleged oral contract falls under the Statute of Frauds, G.L.c. 259, § 1 (1984 ed.), because the agreement could not be...

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