Sayers v. Walker

Decided September 23, 1905

Superior Court of Delaware · decided 1905-09-23

<p> Affidavit of Demand—Claim for Commission on Sale of Real Estate—Statute—Judgment Refused. </p> <p>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.</p>

Decided 1905-09-23

¶1 *401Affidavit 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.”

¶2Application 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.

¶3Sloan vs. Grimshaw, 4 Houst., 326; Taylor vs. Addicks, 4 Pennewill, 411.

¶4Judgment refused.