CELANESE CORP. OF AMERICA v. MAYOR AND COUNCIL

No. 829 Civ. A. 1949.

78 A.2d 249 (1950)

CELANESE CORP. OF AMERICA v. MAYOR AND COUNCIL OF WILMINGTON.

Superior Court of Delaware, New Castle.

December 29, 1950.


Attorney(s) appearing for the Case

John J. Morris, Jr., Howard L. Williams and H. James Conaway, Jr. (Hering, Morris, James & Hitchens), of Wilmington, for plaintiff (Gerald J. McKernan, of Macklin, Speer, Hanan & McKernan, of New York City, of counsel).

August F. Walz, City Solicitor, and Henry A. Wise, Jr., of Wilmington, for defendant.


CAREY, Judge.

Plaintiff contends that the notice requirement of Code Section 2470 does not apply to either count of the complaint; and that, if it does apply, the notices given meet the demands of the statute. The defendant takes issue with both of these contentions.

The defendant argues that, although the first count is based upon an alleged breach of contract, its true foundation is negligence in taking care of the...

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