Heldmyer v. Cleaver

Citations

• 30 Del. 135
• 7 Boyce 135
• 104 A. 635
• 1918 Del. LEXIS 34

Syllabus

<p>1. Evidence—Lost Contract—Secondary Evidence.</p> <p>Testimony of witness that, according to his best recollection, he had given duplicate copy of contract involved to B., that he had learned that B. would make a search, and if he could find the copy would mail it in time for trial, and that neither copy nor any communication had been received from B., was insufficient to make secondary evidence admissible.</p> <p>2. Evidence—Hearsay—Search for Missing Paper.</p> <p>Plaintiff having testified that he had, during noon recess, communicated with B., over the telephone as to a missing paper, question as to what B. said about search held not objectionable as hearsay.</p> <p>3. Evidence—Lost Contract—Search—Evidence.</p> <p>Testimony of witness held to show that a reasonable search had been made for lost contract, so that secondary evidence was admissible.</p> <p>4. Master and Servant—Work and Labor—Recovery for Services— Amount.</p> <p>Employe, who performs work according to terms of employment, is entitled to recover stipulated price, or, if there is no stipulated price, such sum as the work is reasonably worth.</p> <p>5. Brokers—Commission— Completion of Sale.</p> <p>To be entitled to compensation from seller of real'estate, broker must have been seller’s agent, and must have effected the sale, or conducted the negotiations to such stage as to complete the bargain for the sale, so far as it depended upon his action or efforts.</p> <p>6. Brokers—Commission—Completion of Sale.</p> <p>If plaintiff, as agent of defendant, brought defendant and another together, and they came to an agreement for the sale and purchase of the defendant's farm, plaintiff's right to compensation for his services, in the absence of any misrepresentations as to ability of purchaser, would be established, though the purchaser, subsequently refused to comply with the terms of the sale.</p> <p>7. Brokers—Misrepresentations—Questions for Jury.</p> <p>Question of purchaser’s ability to comply with