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WILMINGTON TRUST CO. v. MALCOM

405 A.2d 701 (1979)

WILMINGTON TRUST COMPANY, Defendant-Below, Appellant, v. Charles MALCOM and Irene Malcom, Plaintiffs-Below, Appellees.

Superior Court of Delaware, New Castle County.

Decided June 22, 1979.

Attorney(s) appearing for the Case

Martin I. Lubaroff and Alesia Ranney-Marinelli of Richards, Layton & Finger, Wilmington, for defendant-below, appellant.

Douglas A. Shachtman of Community Legal Aid Society, Inc., Wilmington, for plaintiffs-below, appellees.

BALICK, Judge.

This is an appeal from a decision of the Court of Common Pleas denying the motion of Wilmington Trust Company to dismiss a claim filed by Charles and Irene Malcom.

The litigation arises from a conditional sales contract for the purchase of an automobile by the Malcoms. The contract was assigned to Wilmington Trust, which had financed the purchase. Wilmington Trust later repossessed the automobile, which had been damaged, for non-payment of the...

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