C. & D. BUILDERS, INC. vs. JOSEPH PALLADINO & others (and a companion case).

THOMAS F. J. DILLON & another vs. SIDNEY CLAMAN & another (and a companion case).

4 Mass. App. Ct. 852

November 23, 1976

It is clear from the master's subsidiary findings (see particularly par. 15) and the exhibits attached to his report (see particularly exhibit C) that the broker was the agent of the plaintiffs and not of the defendants. See Gil-Bern Constr. Corp. v. Medford, 357 Mass. 620 , 622-623 (1970), and cases cited therein. Nothing contained in the record disputes the defendants' contention that there was no writing (see particularly general finding number 4:

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"plaintiffs have failed to produce a writing . . .") sufficient to satisfy the Statute of Frauds (G. L. c. 259, Section 1).

Judgments affirmed with double costs.