Tristram’s Landing, Inc. v. Wait
Supreme Judicial Court of Massachusetts
327 N.E.2d 727 (Mass. 1975)
Wait (defendant) owned property on Nantucket Island that she wanted to sell. Van der Wolk (plaintiff), a broker, requested and received permission to show the property. Wait knew that brokers in the area typically received a five percent commission, but did not discuss a commission with Van der Wolk. Van der Wolk eventually located a buyer for the property, Linda Cashman. Cashman signed a purchase and sale agreement to buy the property for $105,000, and made a down payment of $10,500. The purchase and sale agreement included a provision that Van der Wolk would earn a five percent commission on the sale. Cashman later refused to complete the purchase. Wait kept the down payment, and Van der Wolk sent her a bill for $5250, representing a five percent commission. Wait refused to pay, arguing that she was not obligated to pay a commission because the sale was never completed. Van der Wolk brought suit to recover $5250, and prevailed at the trial court. Wait appealed.
Rule of Law
Holding and Reasoning (Tauro, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.