Bernhardt v. Luke

Southerland, C. J.:

This is a suit by a real estate broker for commissions. The question before us is whether there was any evidence to support the broker’s claim that he had produced a buyer ready and willing to purchase the principal’s property on the principal’s terms. Plaintiff contends that the evidence upon the matter is conflicting and that summary judgment was erroneously granted.

The facts are these:

Bessie H. Luke in her lifetime owned a house and land on Gilpin Avenue in Wilmington. She died in 1954. By her will she named her three sons as executors with full power to sell her real…