Majority
p. 400John Sayers vs. Harry D. Walker. (September 23, 1905.) Lore, C. J. and Pennewill and Boyce; J. J., sitting. Superior Court, New Castle County, September Term, 1905. (No. 142, to September Term, 1905).
Headnote
Affidavit of Demand—Claim for Commission on Sale of Real Estate—Statute—Judgment Refused.A claim for commissions on the sale of real estate is not a claim upon which, under the statute, judgment can be obtained at the first term by filing an affidavit of demand.
Baldwin Springer for plaintiff.
William S. Prickett for defendant.
Summons Case
p. 401
Affidavit of demand containing the following cause of action, was filed, as book entries:
“Harry D. Walker, Dr., to John Sayers.
“ August 28, 1905.
“Commission on sale of property N. E. Corner Sixth and Madison Streets, Wilmington, Del., to James Toner, consideration, $18,200 at 2 per cent., $364.00.”
Application that judgment be refused on the affidavit of demand because the copy disclosed a claim which was not properly a book entry or account under our statute.
Sloan vs. Grimshaw, 4 Houst., 326 ; Taylor vs. Addicks, 4 Pennewill, 411 .
Judgment refused.