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STATE v. 0.15 ACRES OF LAND, ETC.

169 A.2d 256 (1961)

STATE of Delaware, upon the Relation of J. Gordon SMITH et al., Constituting the State Highway Department of the State of Delaware, Plaintiff below, Appellant, v. 0.15 ACRES OF LAND, MORE OR LESS, IN NEW CASTLE HUNDRED, NEW CASTLE COUNTY and State of Delaware, Harvey Mintzer, and Harvey Mintzer, Trading as Toppers Drive-In Restaurant, and Unknown Owners, Defendants below, Appellees.

Supreme Court of Delaware.

April 10, 1961.

Attorney(s) appearing for the Case

Daniel L. Herrmann, of Herrmann & Duffy, Wilmington, for plaintiff below, appellant.

Jackson W. Raysor, of Tunnell & Raysor, Georgetown, for defendants below, appellees.

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

BRAMHALL, Justice.

The sole question in this case involves the competency of defendant Harvey Mintzer (hereafter defendant), one of the owners of the leasehold involved, to testify as to the fair market value of the leasehold.

On May 29, 1956, defendant and his wife leased from one Sidney Bicow and his wife a building containing approximately 525 square feet of space, located on the westerly side of U. S. 13, near...

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