Welch v. Post Office Square Co.
Welch v. Post Office Square Co.
Opinion of the Court
This action is brought by a real estate broker and “rental agent” to recover a commission alleged to be due to him from the defendant by reason of the making on August 22, 1930, of a lease by the Water Street Company to Scudder, Stevens and Clark of certain space on the fifth floor of a building described therein as “to be constructed and located on Post Office Square, Water and Kilby Streets, in said Boston, the public entrance to which is numbered 10 Post Office Square.”
In March, 1927, the plaintiff, while acting as the defendant’s renting agent, had been instrumental in obtaining for the defendant a lease running from the defendant to Scudder, Stevens and Clark of space on the fifth floor “of the building known as the Atlantic National Bank Building, located on Post Office Square, Milk and Kilby Streets, in said Boston, the public entrance to which is numbered 10 Post Office Square.” This lease contained a clause requiring the defendant to pay to the plaintiff a commission “upon this lease,” and then follows this paragraph: “There shall also be paid a full commission upon any additional space leased by the Lessees, their successors or assigns, in said building prior to June 1, 1937 and payable in each case upon the execution of the lease covering such additional space.” We assume that there was evidence of a contract at that time between the plaintiff and the defendant in accordance with this provision. It is the contention of the plaintiff that the 1930 lease from the Water Street Company to the same tenant was a lease of “additional space ... in said building” within the meaning of the 1927 contract. The judge found for the defendant.
When the first lease was made in 1927, the building therein described was a large office building fourteen stories high facing Post Office Square and also bounding on Milk and Kilby streets, but not extending to Water Street. It
Without stating the evidence in detail, we assume that the judge could have found that after the completion of the new block, all three blocks taken together would appear to constitute and could be properly described as one building with a public entrance at 10 Post Office Square. But the meaning of the agreement between the plaintiff and the defendant made in 1927 must be ascertained in the light of conditions existing or contemplated by the parties at the time when that agreement was made, and not as if the same words had been used under conditions existing in
Our conclusion remains the same even though, as contended by the plaintiff, the Water Street Company “was organized by interests affiliated with the defendant,” and even though the two parts may now be operated as one building under, the same management.
As we think there was no evidence which would have supported a finding for the plaintiff, it is not necessary to deal with the plaintiff’s requests for rulings.
Exceptions overruled.
Reference
- Full Case Name
- W. Marriott Welch v. Post Office Square Company
- Status
- Published