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MARTA v. NEPA

385 A.2d 727 (1978)

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

Supreme Court of Delaware.

Decided April 11, 1978.

Attorney(s) appearing for the Case

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

Daniel L. Twer, of Levin, Spiller & Twer, and William F. Lynch, of Morris, James, Hitchens & Williams, Wilmington, for defendants below, appellants and cross-appellees.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

HERRMANN, Chief Justice:

In this action for a real estate broker's commission, the defendants appeal from the Superior Court's judgment that a commission is owed to the plaintiff; the plaintiff cross-appeals from the Court's judgment as to the nature of the damages.

I.

In 1969, the defendant, Albert Marta, in trying to locate tenants for a shopping center that he and his wife were constructing, discussed...

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