E. A. Strout Co. v. Howell
Supreme Court of Delaware
Writ of Error (No. 2, June Term, 1912) to the Superior Court, in and for New Castle County. Action by the E. A. Strout Company against Alfred P. Howell and another. (No. 40, March Term, 1910). Motion to strike out plaintiff’s general demurrer to defendant’s fifth plea. Demurrer stricken out. Judgment for defendants, and plaintiff brings error. Affirmed. (See also, 2 Boyce 489, 82 Atl. 238; 3 Boyce 252, 82 Atl. 1081.)
1Opinion of the Court
Curtis, Chancellor,
delivering the opinion of the court:
The writ of error in this case is to the final judgment sustaining the demurrer to the replication to the fifth plea. The action was in assumpsit to recover payment for commissions for selling land for the defendant. By the fifth plea the defendants set up the defense that the plaintiff did not have a license from the State of Delaware to engage in the business of conducting a real estate agency. To this plea the plaintiff replied that it was incorporated under the laws of Maine, had complied with the laws of Delaware respecting foreign…
2Cases cited2 opinions
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- Della Corporation v. DiamondSupreme Court of Delaware · 1965
- Eisenman v. SeitzCourt of Chancery of Delaware · 1942
- Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
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