AERO SERVICE CORPORATION v. GORDY


109 A.2d 393 (1954)

AERO SERVICE CORPORATION, a Delaware corporation, Plaintiff, v. E. S. GORDY and Gordy Homes, Inc., a Delaware corporation, Defendants.

Superior Court of Delaware, New Castle.

November 15, 1954.


Attorney(s) appearing for the Case

John T. Gallagher (of Morris, Steel, Nichols & Arsht), Wilmington, Del. for plaintiff.

David S. Keil, Keil & Keil, Wilmington, Del., for defendants.


LAYTON, Judge.

It is tacitly conceded by defendant that the plaintiff was acting in the capacity of an independent contractor. Defendant also admits that unless the nature of the services performed by plaintiff under the contract in question were "personal services" within the meaning of § 8110, the plea of the Statute of Limitations cannot prevail.

It is clear to me that § 8110 was not designed to apply...

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