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Albert-Hopkins Corp. v. Caputo

Supreme Judicial Court of Massachusetts
Apr 1, 1970
258 N.E.2d 70 (Mass. 1970)

Opinion

April 1, 1970.

Matthew T. Connolly for the plaintiff.

Paul A. Carbone for the defendants.


In this action of contract to recover a broker's commission, the plaintiff's sole exception is to the allowance of the defendants' motion for a directed verdict at the close of the plaintiff's evidence. It was prerequisite to the plaintiff's recovery "in any suit or action" that it have been "a duly licensed broker at the time such services were performed." G.L.c. 112, § 87RR (inserted by St. 1957, c. 726, § 2). The plaintiff's declaration alleged that "it was a real estate broker duly licensed by the Commonwealth of Massachusetts." By their general denial the defendants "made it incumbent upon the plaintiff to prove every element of . . . [its] case. . . ." Herman v. Fine, 314 Mass. 67, 69. The record discloses no evidence whatever that the plaintiff corporation was licensed to act as a real estate broker. There was accordingly no error in directing a verdict for the defendants.

Exceptions overruled.


Summaries of

Albert-Hopkins Corp. v. Caputo

Supreme Judicial Court of Massachusetts
Apr 1, 1970
258 N.E.2d 70 (Mass. 1970)
Case details for

Albert-Hopkins Corp. v. Caputo

Case Details

Full title:ALBERT-HOPKINS CORP. vs. JOSEPH CAPUTO others

Court:Supreme Judicial Court of Massachusetts

Date published: Apr 1, 1970

Citations

258 N.E.2d 70 (Mass. 1970)
258 N.E.2d 70

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Donahue v. Heritage Property Inc., No

Id. at 196-97 (emphasis added). Similarly, in Albert-Hopkins Corp. v. Caputo, 357 Mass. 765, 765 (1970), in…

Donahue v. Heritage Prop. Inv., No

Id. at 196-97 (emphasis added). Similarly, in Albert-Hopkins Corp. v. Caputo, 357 Mass. 765, 765 (1970), in…