NARDO v. GUIDO DeASCANIS & SONS, INC.


254 A.2d 254 (1969)

Fiore A. NARDO and Julia Nardo, Plaintiffs, v. GUIDO DeASCANIS & SONS, INC., a corporation of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

May 26, 1969.


Attorney(s) appearing for the Case

Alfred M. Isaacs, Wilmington, for plaintiffs.

H. Alfred Tarrant, Jr., Wilmington, for defendant.


OPINION

MESSICK, Judge.

This is the decision on defendant's motion for summary judgment. The undisputed facts are these:

In 1956 the parties entered into a written contract for the construction of a combination business and residential property. Construction was completed in July, 1957. Sometime in 1959 plaintiffs first noticed that a basement wall became damp after rainfall. They did not suspect at that time that the cause might be a defect in the...

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