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GORDY v. PREFORM BUILDING COMPONENTS, INC.

310 A.2d 893 (1973)

Ralph E. GORDY et al., Plaintiffs, v. PREFORM BUILDING COMPONENTS, INC., a corporation of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

August 13, 1973.

Attorney(s) appearing for the Case

James F. Waehler of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiffs.

Thomas Herlihy, III, of Herlihy & Herlihy, Wilmington, for defendant.

OPINION

TAYLOR, Judge.

This is an action of scire facias sur mortgage to foreclose a mortgage executed by defendant in favor of plaintiffs. Subsequent to answer, and during the pendency of plaintiffs' motion for summary judgment, defendant has moved for permission to file a counterclaim seeking judgment against the individual plaintiffs based upon an indemnity agreement whereby the individual plaintiffs agreed to indemnify defendant against certain claims...

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