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FARNY v. BESTFIELD BUILDERS, INC.

391 A.2d 212 (1978)

James F. FARNY and Doris O. Farny, his wife, Plaintiffs-below, Appellants, v. BESTFIELD BUILDERS, INC., Defendant-below, Appellee.

Superior Court of Delaware, New Castle County.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Frederick T. Haase, Jr., of Roeberg & Agostini, Wilmington, for plaintiffs-below, appellants.

Bruce L. Disend of Aerenson & Balick, Wilmington, for defendant-below, appellee.

STIFTEL, President Judge.

Plaintiffs James F. and Doris O. Farny appeal an award of the Court of Common Pleas allowing them $1.00 and costs for damage to trees on their residence property which occurred in the construction of their home. By a clause added to the contract of sale, defendant Bestfield Builders, Inc. assured Mr. and Mrs. Farny that all healthy trees would remain on the property consistent with the basement excavation...

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