Legal Opinion

Tebo v. Mitchell

Superior Court of Delaware

Decided May 10, 1905PublishedCited by 6 opinions

to recover the sum of $135, being the amount alleged by the plaintiff to be due for services performed in the sale of a farm by the plaintiff for the defendant.

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to recover the sum of $135, being the amount alleged by the plaintiff to be due for services performed in the sale of a farm by the plaintiff for the defendant. The evidence adduced at the trial showed that the defendant; James Mitchell, in October, 1904, employed the plaintiff, George W. Tebo, a real estate broker of Dover, to sell the defendant’s farm of 78 acres in West Dover Hundred, Kent County, for the price of $1200 and promised to give the plaintiff a commission of $200 if the latter succeeded in making the sale; that the plaintiff procured a purchaser at the price stipulated, when…

1Opinion of the Court

Spruance, J.,

charging the jury:

Gentlemen of the jury :—This action is brought by the plaintiff, George W. Tebo, a real estate broker, against the defendant James Mitchell, for the recovery of compensation for services alleged to have been rendered by the plaintiff in the sale of a farm of the defendant.

The plaintiff claims the sum of $135, being 10 per cent, of the price for which the property was sold.

When one employs another to do work for him, and the employee performs the work in accordance with the terms of the employment, the employee is entitled to recover the stipulated price— if such…

2Cited by6 opinions

  1. Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936
  2. Notkins v. PashalinskiSupreme Court of Connecticut · 1910
  3. Roy v. HuardSupreme Judicial Court of Maine · 1961
  4. Heldmyer v. CleaverSuperior Court of Delaware · 1918
  5. James Bradford Co. v. Edward Hill's Son and Co.Superior Court of Delaware · 1920

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