ALEXANDER INDUSTRIES, INC. v. HILL


211 A.2d 917 (1965)

ALEXANDER INDUSTRIES, INC., a Delaware corporation, Defendant Below, Appellant, v. James A. HILL, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 30, 1965.


Attorney(s) appearing for the Case

Vincent A. Theisen and Victor F. Battaglia, of Theisen & Lank, Wilmington, and Houston Wilson, Georgetown, for defendant below, appellant.

Robert W. Tunnell, of Tunnell & Raysor, Georgetown, for plaintiff below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice.

This is an action for mechanic's lien in which the defendant moved for summary judgment. The motion was denied by the Superior Court and the defendant appeals.

The question before us is the usual one when a defendant's motion for summary judgment is denied: Viewing the facts presented on the motion in the light most favorable to the plaintiff, is there an issue of fact for trial which, if resolved in favor of the plaintiff, would entitle...

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