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E.A. STROUT REALTY AGENCY, INC. v. GARGAN

328 Mass. 524 (1952)

105 N.E.2d 208

E.A. STROUT REALTY AGENCY, INC. vs. JOHN GARGAN.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1952.

Attorney(s) appearing for the Case

L.G. Stone, for the plaintiff.

W.F. Huntley, for the defendant.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

WILKINS, J.

The plaintiff, a real estate broker, sues for a commission for procuring a purchaser of the defendant's real estate. The report does not contain a statement that there was a finding for the defendant, but as the opinion of the Appellate Division says that there was, and the briefs of both parties so declare, we assume that to be the fact and consider the case on that basis. Bresnick v. Heath, 292 Mass. 293, 296.

The plaintiff appealed...

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