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LYNOTT v. SELLS

158 A.2d 583 (1958)

William P. LYNOTT, by his next friend, Richard B. Lynott, and Richard B. Lynott and Theresa A. Lynott, his wife, Plaintiffs, v. Richard L. SELLS, Defendant.

Superior Court of Delaware, New Castle.

July 9, 1958.

Attorney(s) appearing for the Case

Clyde M. England, Jr., Wilmington, for plaintiffs.

Ernest S. Wilson, Jr., Wilmington, for defendant.

STOREY, Judge.

This case arises on plaintiffs' motion for summary judgment on the second affirmative defense contained in defendant's answer.

On July 10, 1955, plaintiffs, Theresa A. Lynott and Richard B. Lynott, accompanied by their five year old son, the plaintiff, William P. Lynott, visited the defendant, Richard L. Sells, at his home at 3705 Shellpot Drive, Concord Manor, Wilmington, Delaware, arriving at the home of the

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