MASTEN LUMBAR AND SUPPLY CO., INC. v. BROWN


405 A.2d 101 (1979)

MASTEN LUMBER AND SUPPLY CO., INC., a Delaware Corporation, and Ray's Plumbing, Heating and Air Conditioning Service, Inc., a Delaware Corporation, Plaintiffs Below, Appellants, v. Timothy A. BROWN and Janet P. Brown, his wife, owner or reputed owners, and Reid and Lloyd, Inc., a Delaware Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided July 11, 1979.


Attorney(s) appearing for the Case

Harry H. Rhodes, III, of Brown, Shiels, & Barros, Dover, for plaintiff-appellant, Masten Lumber and Supply Co., Inc.

David D. Finocchiaro, Smyrna, for plaintiff-appellant, Ray's Plumbing, Heating and Air Conditioning Service, Inc.

N. Maxson Terry, Jr., of Terry, Terry, Jackson, Terry & Wright, Dover, for defendants-appellees.

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


HERRMANN, Chief Justice:

In this consolidated appeal by two plaintiffs which supplied materials and labor for the construction of a residence, we must construe § 2707 of the Delaware Mechanic's Lien Statute, (25 Del.C. ch. 27)1 governing residential housing. In determining the "balance due" under a contract to a general contractor who defaults...

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