Page Engineering Company, and Charles Miller, co-partner in Miller-McKnight. It is not disputed (1) that Robert Bobo on or about March 1, 1963, attempted to sell the 621 to Miller-McKnight but gave up when he could not finance the sale (Dep., p. 37); (2) that Miller and his copartner, McKnight, since deceased, went to Chicago on or about March 19, 1963, and discussed financing the purchase of the 621 with defendant's president and another officer or employee; and (3) that Miller-McKnight later acquired the 621 from the defendant.
The steps of the transactions as described in the affidavits are confirmed by the relevant documents, which are all of record. On March 13, 1963, plaintiff, for the Estate, executed a bill of sale to defendant for the 621 for the stated consideration of $70,000. On March 19, 1963, defendant, by letter, rendered a statement confirming the purchase and advising that it had "applied this sum to your various accounts with us * * *". This was followed by a listing of items of the Estate's indebtedness to the defendant and the amount credited by defendant to each item.
On March 20, 1963, defendant executed a lease agreement leasing the 621 to Miller-McKnight for a term of 30 months at an aggregate rental of $97,900 in equal monthly installments of $3,263.33. By letter dated August 14, 1964, over the signature of defendant's president, John W. Page, defendant confirmed "our verbal agreement dated March 20, 1963", which, as stated in the letter, was defendant's agreement to offer to sell Miller-McKnight the 621 for $5 upon completion of the lease "provided that all provisions of said lease have been adhered to and that all payments have been made."
As stated, Robert Bobo negotiated the transaction with defendant for the Estate. Nothing in his deposition (Dep., pp. 36-39, 65-67) controverts the material facts as they appear in the affidavits or in the documents themselves. Nothing anywhere in the record supports plaintiff's bare allegations in her complaint that defendant was acting as plaintiff's agent. Nothing in the record controverts defendant's proof that it acquired the 621 by purchase and credited the consideration to the Estate's prior indebtedness with the acquiescence of plaintiff and Robert Bobo. Nothing presented by the plaintiff justifies her claim to an accounting.
Indeed, by the defendant's letter of March 19, 1963, with its listing of plaintiff's prior debts and the portion of the $70,000 defendant credited to each, plaintiff would already seem to have received the accounting she demands. Everything in the record is consistent with a conclusion that the Estate accepted these credits and made no objection to them. Plaintiff took no part in the transaction herself,
but Robert Bobo who did, admitted that he had, at best, a mere hope that he would receive some cash from the transaction and never in fact made any demand of the defendant to be paid any part of the consideration in cash (Dep., pp. 66-67, 69).
There are no issues of credibility for the trier of fact, since we accept all of Robert Bobo's statements as true. "* * * [A] party is not entitled to a denial of a motion for summary judgment on the basis of a mere hope that evidence to support his claim will develop at trial * * *." Taylor v. Rederi A/S Volo, 374 F.2d 545, 549 (3d Cir. 1967), citing International Longshoremen's and Warehousemen's Union v. Kuntz, 334 F.2d 165, 169, n. 5 (9th Cir. 1964).
There being no genuine issue as to any material fact, we are satisfied that plaintiff is not entitled to an accounting for the proceeds of the sale of the 621.
An appropriate order will be entered.