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DAVIDSON v. ROBIE

345 Mass. 333 (1963)

187 N.E.2d 371

JAMES M. DAVIDSON vs. RICHARD S. ROBIE.

Supreme Judicial Court of Massachusetts, Suffolk.

January 16, 1963.

Attorney(s) appearing for the Case

James D. St. Clair for the defendant.

John M. Bashaw for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

The declaration in substance alleges an express contract in that Davidson, at Robie's request, rendered service in connection with selling stock of Boston Storage Warehouse Company (Storage), that Robie agreed to pay Davidson "ten per cent ... of any profit realized by ... [Robie] from the transaction, and ... with regard to any sales of stock received by ... [Robie] in connection with ... [the] transaction," and that Robie received such a profit but did...

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