Sayers v. Walker

61 A. 973, 21 Del. 400, 5 Penne. 400, 1905 Del. LEXIS 33

Opinion

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.