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State Courts -
Delaware - July 29, 2005
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Chabbott Petrosky Commer. Realtors, Ltd. v. Whelan, C.A. 02C-10-036 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, July 29, 2005, Decided
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Overview: Real estate broker was not entitled to commission, even though sellers breached listing agreement by terminating prior to expiration of exclusive listing period, because no sale occurred and only eligible offer came after agreement was terminated; agreement also lacked cancellation clause required by Md. Code Ann., Bus. Occ. & Prof. ? 17-534.
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E.J. Deseta HVAC Svcs. v. Conaty, C.A. No. 04L-03-065-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Although a contractor could correct a mistake in its mechanics' lien complaint under Del. Super. Ct. R. Civ. P. 15(a), because the statute of limitations in Del. Code Ann. tit. 25, ? 2711(a)(2)f., had not begun to run, the contractor could not amend the mechanics' lien judgment under Del. Code Ann. tit. 25, ? 2711(a)(1)b.
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Lang v. Morant, C.A. No. 99C-03-162,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2005, Decided
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Overview: Where, after new trial was awarded and second verdict was entered in favor of injured party and spouse, second verdict was vacated and first trial verdict in favor of defendant was reinstated, defendant was entitled to litigation costs for first trial pursuant to Del. Super. Ct. R. Civ. P. 54(d), including expert witness testifying and travel fees.
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