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W. R. FERGUSON, INC. v. WILLIAM A. BERBUSSE, JR., INC.

216 A.2d 876 (1966)

W.R. FERGUSON, INC., a corporation of the State of New Jersey, Plaintiff, v. WILLIAM A. BERBUSSE, JR., INC., a corporation of the State of New York, Defendant.

Superior Court of Delaware, New Castle.

February 7, 1966.

Attorney(s) appearing for the Case

Albert L. Simon, Wilmington, for plaintiff.

Bruce M. Stargatt, and Ben T. Castle (of Young, Conaway, Stargatt & Taylor), Wilmington, for defendant.

WRIGHT, Judge.

This action is the result of a dispute over a construction contract. The contract executed by the plaintiff as a sub-contractor and the defendant as contractor was for the performance of work on the St. Francis Hospital at Wilmington, Delaware. The plaintiff's claim is for an alleged unpaid balance under the term of the contract and for extra work not specifically provided for under the contract.

The defendant moves to dismiss the action or...

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