BEARD v. WEST MANOR APARTMENTS


130 A.2d 556 (1957)

Carroll F. BEARD, Charles Elmer Moore, William Allen Hastings, Van Leer Stephany and George H. Turner, v. WEST MANOR APARTMENTS, Inc., a Corporation of the State of Delaware, and Helen C. West.

Superior Court of Delaware, Sussex.

March 13, 1957.


Attorney(s) appearing for the Case

Arthur Dean Betts, Georgetown, for plaintiffs.

Frederick P. Whitney, Georgetown, for defendants.


CAREY, Judge.

This is an action to recover money allegedly paid under a mistake of fact. There are two counts in the complaint, but only the first count is presently involved. Defendants have moved to dismiss the first count upon the ground that it states a cause of action cognizable only in a Court of Equity, not in a common law proceeding.

A full statement of the allegations in the complaint is unnecessary. It will suffice, for present purposes, to say that...

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