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D. F. QUILLEN & SONS, INC. v. AYERS

180 A.2d 738 (1962)

D. F. QUILLEN & SONS, INC., a corporation of the State of Delaware, Plaintiff, v. Thomas E. AYERS and Sidney Layton Ayers, Defendants.

Superior Court of Delaware, Sussex.

April 3, 1962.

Attorney(s) appearing for the Case

Paul R. Reed, Georgetown, for plaintiff.

A. Dean Betts (of Ennis & Betts), Georgetown, for defendants.

CHRISTIE, Judge.

Plaintiff brought this action alleging that defendants owe it $2,970.76 for labor, materials and goods sold and delivered to the defendants in the construction of defendants' theater in Bridgeville. Attached to the complaint was a bill of particulars and affidavit of demand.

The form of the complaint indicates that plaintiff was suing for the recovery of a book account. Under the provisions of 10 Del.C. § 3901 plaintiff is entitled to...

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