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PLYMOUTH PORT, INC. v. SMITH

No. 87-532.

26 Mass. App. Ct. 572 (1988)

530 N.E.2d 194

PLYMOUTH PORT, INC. vs. FRANCES ELIZABETH SMITH & others, trustees.

Appeals Court of Massachusetts, Plymouth.

November 16, 1988.

Attorney(s) appearing for the Case

Joseph D. Rosenbloom (Mark R. Draymore with him) for the defendants.

Michael P. Duffy (Philip M. Cronin & Richard M. Serkey with him) for the plaintiffs.

Present: DREBEN, CUTTER, & FINE, JJ.

DREBEN, J.

Relying on an alleged exclusive agency agreement, the plaintiff-broker sought a ten percent commission on the sale of the defendants' property which was effected through the auspices of another broker. The sale took place four years after the exchange of correspondence on which the plaintiff bases his exclusive agency claim.

A judge of the Superior Court awarded the plaintiff $52,500

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