MURPHY v. T. B. O'TOOLE, INC.

Civ. A. No. 212.

76 A.2d 313 (1950)

MURPHY et al. v. T. B. O'TOOLE, Inc., et al.

Superior Court of Delaware, New Castle.

October 31, 1950.


Attorney(s) appearing for the Case

David A. Eastburn and John M. Bader, both of Wilmington, for plaintiffs.

Killoran & VanBrunt, of Wilmington, for defendants.


LAYTON, Judge.

The complaint sets forth all the allegations necessary to support an action in tort based upon fraudulent misrepresentation. The question presented is whether such an action can be maintained in the face of the defense that it amounts to nothing more than a collateral attack upon the judgment of the Area Rent Director granting the certificate of eviction.

It is a well settled principle that Courts will...

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