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BRAGG v. JOHNSON

229 A.2d 497 (1966)

Kenneth R. BRAGG and Mildred M. Bragg, his wife, Plaintiffs, v. Everett H. JOHNSON, Everett R. Johnson, t/a Everett H. Johnson and Son, Defendants.

Superior Court of Delaware, Kent.

July 12, 1966.

Attorney(s) appearing for the Case

Harold C. Schmittinger, of Schmittinger & Rodriguez, Dover, for plaintiffs.

Roy S. Shiels, of Brown & Brown, Dover, for defendants.

STIFTEL, Judge:

Trial without jury.

This is an action for damages for breach of contract and also to hold the defendant Everett R. Johnson liable to plaintiffs as a partner of his father, Everett H. Johnson, who operated as a general contractor and builder under the name of Everett H. Johnson and Son. Everett H. Johnson did not appear. It is conceded that no actual partnership existed between father and son. Plaintiffs...

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