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DONAHUE v. RIDGE HOMES

390 A.2d 413 (1978)

George E. DONAHUE, and Carol A. Donahue, husband and wife, Defendants below, Appellants, v. RIDGE HOMES, a Division of Evans Products Company, a Delaware Corporation, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided June 5, 1978.

Attorney(s) appearing for the Case

John E. Babiarz, Jr., of Biondi & Babiarz, P. A., Wilmington, for appellants.

Joseph S. Yucht, of Balick & Yucht, Wilmington, for appellee.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

DUFFY, Justice.

In this action of scire facias sur mortgage, the Superior Court denied the motion of George E. Donahue and Carol A. Donahue (defendants) for leave to file an amended affidavit of defense and granted the motion of Ridge Homes (plaintiff) for summary judgment.

I.

The facts are these:

Defendants executed a mortgage to plaintiff to secure the financing of a prefabricated house which they bought from plaintiff. When defendants...

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