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

188 A.2d 510 (1963)

Thomas E. AYERS and Sidney Layton Ayers, Appellants, v. D. F. QUILLEN & SONS, INC., a Delaware corporation, Appellee.

Supreme Court of Delaware.

February 18, 1963.

Attorney(s) appearing for the Case

A. Dean Betts, Georgetown, for appellants.

Paul R. Reed, Georgetown, for appellee.

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

TERRY, Justice.

Plaintiff, on February 2, 1951, filed a complaint in the court below, together with an affidavit of demand, which included copies of the book entries sued upon. Subsequent to this date, in 1951, the attorney for plaintiff filed a stipulation extending, without termination date, the time in which defendants were required to answer this complaint. On June 26, 1960, plaintiff served and filed a notice of motion for entry of judgment by default for failure...

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