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ROBELEN PIANO COMPANY v. DI FONZO

172 A.2d 568 (1961)

ROBELEN PIANO COMPANY, a corporation of the State of Delaware, Defendant Below, Appellant, v. Marie DI FONZO and Ralph A. DiFonzo, her husband, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

June 30, 1961.

Attorney(s) appearing for the Case

Daniel L. Herrmann and John T. Gallagher (of Herrmann, Bayard, Brill & Gallagher), Wilmington, for appellant.

H. Albert Young and Bruce M. Stargatt (of Morford, Young & Conaway), Wilmington, for appellees.

SOUTHERLAND, C. J., WOLCOTT, J., and SEITZ, Chancellor, sitting.

SOUTHERLAND, Chief Justice.

This case was recently before us on appeal from a judgment on verdict of a jury in the Superior Court of New Castle County. We reversed the judgment and remanded the case for a new trial. 169 A.2d 240.

Plaintiffs thereupon asked for trial at the June Term and defendant applied for a special jury. No such application had been made prior to the first trial. Plaintiffs opposed this application on the...

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