CAPEZZUTO v. JOHN HANCOCK MUTUAL LIFE INS. CO.


394 Mass. 399 (1985)

476 N.E.2d 188

JOHN G. CAPEZZUTO vs. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1985.


Attorney(s) appearing for the Case

Philip J. Crowe, Jr., for the plaintiff.

Donald R. Frederico for the defendant.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH & O'CONNOR, JJ.


HENNESSEY, C.J.

In Tristram's Landing, Inc. v. Wait, 367 Mass. 622, 629 (1975), we set forth the prerequisites to a real estate broker's recovery of its commission in a case where a sale of real property was defeated by reason of the buyer's withdrawal. In this case we are asked to apply Tristram's Landing to a situation where the sale to the broker's client falls through because of the seller's decision to...

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