Heldmyer v. Cleaver
Superior Court of Delaware
Action by John Heldmyer, Jr., against Henry Cleaver. Trial by jury. Verdict for plaintiff. The action by the plaintiff was to recover for services which, as a real estate broker, he had rendered the defendant in the sale of a certain farm.
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Action by John Heldmyer, Jr., against Henry Cleaver. Trial by jury. Verdict for plaintiff. The action by the plaintiff was to recover for services which, as a real estate broker, he had rendered the defendant in the sale of a certain farm. The declaration, in assumpsit, contained a special count on an alleged agreement entered into between the plaintiff and the defendant for the sale of a certain farm, on the basis of three per cent, commission on fifteen thousand dollars, the price the defendant asked for the farm, and also the common counts. It was proved that the plaintiff, on or about the…
1Opinion of the Court
Boyce, J.:
[1] The inquiry made of Mr. Barrall, and the reply received, do not show any search made by him for the *138paper in question, or that it is not in his possession. Proof of search or loss of the paper has not been made. The objection is sustained.
At the afternoon session, the plaintiff was recalled, and asked by his counsel whether he had, during the noon recess, at the request of M., communicated with Mr. Barrall over the telephone as to the missing paper, and, answering that he had, he was asked:
“What did Mr. Barrall say to you in that conversation which you had for Mr. Morgan at the…
2Cases cited1 opinion
- Tebo v. MitchellSuperior Court of Delaware · 1905
3Cited by1 opinion
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936