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NEPA v. MARTA

348 A.2d 182 (1975)

Louise NEPA, Administratrix of the Estate of Leonard P. Nepa, Plaintiff below, Appellant and Cross-Appellee, v. Albert H. MARTA and Anne M. Marta, his wife, a partnership (6 Del.C. § 1528) t/a Chestnut Hill Plaza, Defendant below, Appellee and Cross-Appellant.

Supreme Court of Delaware.

Decided September 30, 1975.

Rehearing Denied November 14, 1975.

Attorney(s) appearing for the Case

C. Waggaman Berl, Jr., Wilmington, for plaintiff below, appellant and cross-appellee.

Daniel L. Twer, Wilmington, for defendant below, appellee and cross-appellant.

Before HERRMANN, Chief Justice, DUFFY and McNEILLY, Justices.

HERRMANN, Chief Justice:

Plaintiff appeals from a Superior Court judgment denying a real estate broker's commission allegedly owed to the estate of her deceased husband (hereinafter Nepa). Defendant cross-appeals from the denial of pretrial motions to dismiss plaintiff's cause of action based upon Delaware's Statute of Limitations (10 Del.C. § 8106) and Statute of Frauds (6 Del.C. § 2714(a)).

I.

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