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FARMERS BANK OF STATE OF DELAWARE v. ODOM

246 A.2d 85 (1968)

FARMERS BANK OF the STATE OF DELAWARE, Newark, Delaware, a Delaware corporation, Plaintiff, v. Harlan ODOM and Mozelle Odom, his wife, Defendants.

Superior Court of Delaware, Sussex.

May 9, 1968.

Attorney(s) appearing for the Case

William M. Chasanov, Deputy Atty. Gen., Tunnell & Raysor, Georgetown, for plaintiff.

John J. Schmittinger, Schmittinger & Rodriguez, Dover, for defendants.

OPINION

O'HORA, Judge.

This is an action initiated by defendants who have filed a petition for a Rule to Show Cause why a judgment should not be opened. After plaintiff's answer was filed, defendants moved for summary judgment. Defendants also have filed a counterclaim for damages plus costs and attorney fees.

On April 24, 1967, defendants purchased a certain 20 foot motor boat from Taylor Products, Inc. In addition to a cash down payment of $450...

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