Richards v. Richman

Citations

• 21 Del. 558
• 5 Penne. 558
• 64 A. 238
• 1905 Del. LEXIS 58

Syllabus

<p>Foreign Attachment—Pleading—Special Counts—Common Counts— Contract—Peal Estate Prober—License—Services in Procuring Contract—Witness; Impeachment of—Variance— Objection When Made—Proof of Special Contract— Jury to Determine.</p> <p>I. In an action brought to recover for services rendered by the plaintiff to the defendant for which it is alleged the defendant agreed to pay, and where the declaration contained not only counts upon such agreement but also the common counts, even if the jury believes there was no agreement upon the part of the defendant to pay the sum claimed, or any other sum, the plaintiff would be entitled to recover upon the common counts such sum as they believe the services rendered were reasonably worth.</p> <p>2. Even though it does not appear from the evidence that the plaintiff was licensed to engage in, or carry on, the business of real estate broker in the State where the contract is alleged to have been made, the defendant would not be entitled for that reason to a verdict if there is nothing in the evidence to show that a real estate broker is required under the law of that State, to have a license in order to carry on the business, and there is no averment in the pleadings that the plaintiff was acting as a licensed real estate broker in the transaction of the business in question.</p> <p>3. A real estate broker is entitled to his compensation or commission, either on a quantum meruit, or under the express terms of the contract of agency, whenever he procures for his principal a party with whom the principal is satisfied and who actually makes a contract with the principal at a price acceptable to the principal, provided the broker was the procuring cause. It is not essential that the plaintiff should have been actually required by the defendant to bring him in touch with the parties with whom he contracted. It is sufficient if the plaintiff, with the consent of the defendant, brought the contracting parties together and was thereby th