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LESTER BLDG. ASSOCIATES, INC. v. DAVIDSON

514 A.2d 1100 (1986)

LESTER BUILDING ASSOCIATES, INC., a corporation of the State of Delaware, Plaintiff, v. John DAVIDSON and Mildred Davidson, his wife, Building Inspection Underwriters, Inc., t/a Pride Home Warranty Program, a corporation of the State of Delaware, Bayard Sales Corp., a corporation of the State of Delaware, and Tibbals Flooring Company, d/b/a Hartco, a corporation of the State of Tennessee, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: May 27, 1986.

Attorney(s) appearing for the Case

C. Scott Reese, Cooch and Taylor, Wilmington, for plaintiff.

Andrew B. Kirkpatrick, Jr. and Edmond D. Johnson, Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Tibbals Flooring Co.

OPINION

BERGER, Vice-Chancellor.

This action arises out of the construction of a new home for defendants John and Mildred Davidson (the "Davidsons") by plaintiff, Lester Building Associates, Inc. ("Lester"). The flooring selected was manufactured by defendant Tibbals Flooring Company ("Tibbals") and supplied by defendant Bayard Sales Corp. ("Bayard").

In April, 1983, after the home had been constructed, the Davidsons filed suit against Lester and...

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