Celanese Corp. of America v. Mayor of Wilmington

Carey, J.:

Plaintiff contends that the notice requirement of Code Section 2470 does not apply to either count of the complaint; and that, if it does apply, the notices given meet the demands of the statute. The defendant takes issue with both of these contentions.

The defendant argues that, although the first count is based upon an alleged breach of contract, its true foundation is negligence in taking care of the goods, and that Section 2470 therefore applies. I do not agree. The case is typically one in which the plaintiff may sue either in contract or in tort. Keith Co. v. Booth Fisheries…