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MAYOR & COUNCIL v. RECONY SALES & ENGINEERING CORP.

185 A.2d 68 (1962)

The MAYOR AND COUNCIL OF WILMINGTON, (which with Transit Freeze Corporation, a New Jersey Corporation, and Ralph B. Richardson, Benjamin F. Shaw and Charles E. Mendinball, acting as the Board of Harbor Commissioners, were named as defendants below), Defendant Below-Appellant, v. RECONY SALES AND ENGINEERING CORPORATION, a corporation of the State of Delaware, Plaintiff Below-Appellee.

Supreme Court of Delaware.

October 10, 1962.

Attorney(s) appearing for the Case

Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for appellant.

Louis J. Finger, of Richards, Layton & Finger, Wilmington, for appellee.

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

TERRY, Justice.

This is an appeal from that part of an Order of the Superior Court which denied certain exceptions of defendant, The Mayor & Council of Wilmington, to a statement of claim for a mechanic's lien, and which also ordered stricken the affirmative defenses set forth in the answer of that defendant, which were identical to those exceptions. These exceptions were as follows:

1. The bill of particulars...

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