BARNI v. KUTNER

Nos. 140, 139.

76 A.2d 801 (1950)

BARNI et al. v. KUTNER. TOLER v. KUTNER.

Superior Court of Delaware, New Castle.

October 26, 1950.


Attorney(s) appearing for the Case

Joseph Donald Craven, of Wilmington, for plaintiffs.

Clement C. Wood, of the firm of Hering, Morris, James & Hitchens, of Wilmington, for defendant.


CAREY, Justice.

The points raised can most conveniently be considered in the order followed in the briefs. For the purpose of these motions, all allegations in the complaints must be accepted as true.

The Barni Complaint

(a) The breach of warranty count

To this count defendant raises three objections: (1) lack of privity of contract between Mrs. Barni and the defendant; (2) failure to aver consideration...

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