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CANADAY v. BRAINARD

144 A.2d 240 (1958)

Ward M. CANADAY, Appellant, v. Millar BRAINARD, Jr., Administrator de bonis non cum testamento annexo of the estate of Millar Brainard, deceased, and Samuel Vance, Jr., Appellees.

Supreme Court of Delaware.

August 1, 1958.

Attorney(s) appearing for the Case

Edwin D. Steel, Jr., George T. Coulson, and William S. Megonigal, Jr., of Morris, Steel, Nichols & Arsht, Wilmington, for appellant.

James R. Morford and Ernest S. Wilson, Jr., Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

This is a suit for brokers' commissions. It concerns the activities of two industrial brokers, Samuel Vance, Jr. and Millar Brainard, in attempting to effect a sale of the interest of Ward M. Canaday, the defendant, in Willys-Overland Motors, Inc. (Brainard died before the suit was brought.)

The plaintiffs asserted that Vance and Brainard were employed by Canaday to find a purchaser for Canaday's holdings upon an understanding,...

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