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OSCAR GEORGE, INC. v. POTTS

No. 3.

115 A.2d 479 (1955)

OSCAR GEORGE, Inc., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. Elmer E. POTTS, Jr., and Charlotte L. Potts, his wife, owners or reputed owners, and Delaire Corporation, a corporation of the State of Delaware, General Contractors, Defendants Below, Appellees.

Supreme Court of Delaware.

June 29, 1955.

Attorney(s) appearing for the Case

Aubrey B. Lank (of Logan, Marvel, Boggs & Theisen), Wilmington, for appellant.

Louis J. Finger (of Richards, Layton & Finger), Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

BRAMHALL, Justice.

This appeal is from the decision of the court below in dismissing an action under the mechanic's lien law by reason of an alleged defective affidavit to a statement of claim made upon "knowledge and belief".

The plaintiff, a Delaware corporation, was a subcontractor for the Delaire Corporation, the general contractor for the construction of a home for the individual appellees, Elmer E. Potts, Jr. and Charlotte L. Potts, on a tract of land...

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