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DI BIASE v. A & D, INC.

351 A.2d 865 (1976)

Augustine A. DI BIASE, Jr. and Phyllis M. Di Biase, his wife, Plaintiffs, v. A & D, INC., a corporation of the State of Delaware, and Frank P. Alisa, Defendants.

Superior Court of Delaware, New Castle.

Decided February 4, 1976.

Attorney(s) appearing for the Case

Richard K. Herrmann of Bayard, Brill & Handelman, Wilmington, for plaintiffs.

L. Vincent Ramunno and Lawrence F. Hartnett, Wilmington, for defendants.

STIFTEL, President Judge.

On July 31, 1969, the plaintiffs, Augustine Di Biase, and his wife, Phyllis, entered into a contract with defendant A & D, Inc., for the construction and purchase of a residence. On March 4, 1970, the real estate settlement was held and plaintiffs took possession of the property.

Plaintiffs allege that within the first year of occupancy they noticed the formation of cracks in the garage, which was attached to the house. Dissatisfied...

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