WILKERSON v. NEWARK DINER, INC.


173 A.2d 883 (1961)

Julian WILKERSON, Plaintiff, v. NEWARK DINER, INC., a Delaware corporation, t/a Delaware White Sales & Service Co., and also t/a Delaware Truck Center, Defendant.

Superior Court of Delaware, New Castle.

August 24, 1961.


Attorney(s) appearing for the Case

Abraham Hoffman, of Hoffman & Hoffman, Wilmington, for plaintiff.

Samuel R. Russell, of Morford, Young & Conaway, Wilmington, for defendant.


LYNCH, Judge.

Plaintiff alleges that he delivered a diesel truck to defendant on January 27, 1960 to be repaired; that defendant repaired and serviced the truck and returned it to plaintiff; and that when plaintiff operated it he found it had not been properly repaired. The complaint alleges that the motor "was completely ruined by * * faulty repairs", resulting in damage to the truck in the sum of $5,000. Plaintiff claimed additional damages for loss of use

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