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E. I. DU PONT DE NEMOURS & CO. v. J. D. GRIFFITH, INC.

122 A.2d 423 (1956)

E. I. DU PONT DE NEMOURS & COMPANY, a corporation, Plaintiff, v. J. D. GRIFFITH, Inc., a corporation, Defendant.

Superior Court of Delaware, New Castle.

April 12, 1956.

Attorney(s) appearing for the Case

Carl E. Geuther, Wilmington, for plaintiff.

Henry R. Horsey, of Berl, Potter & Anderson, Wilmington, for defendant.

LAYTON, Judge.

On the first proposition, defendant stresses the fact that plaintiff's own foreman, Wofford, was in charge of the subcontract. This happened in the following fashion. On a number of its cost-plus construction jobs, it was apparently plaintiff's custom to let a subcontract upon condition that the subcontractor hire one of plaintiff's own skilled foremen and put him in charge. Here, Wofford was called from plaintiff's employ in North Carolina and told...

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