Lynott v. Sells

Storey, J.:

This case arises on plaintiffs’ motion for summary judgment on the second affirmative defense contained in defendant’s answer.

On July 10, 1955, plaintiffs, Theresa A. Lynott and Richard B. Lynott, accompanied by their five year old son, the plaintiff, William P. Lynott, visited the defendant, Richard L. Sells, at his home at 3705 Shellpot Drive, Concord Manor, Wilmington, Delaware, arriving at the home of the defendant between 2:30 and 3:00 o’clock in the afternoon of the day aforesaid.

At about 5:00 o’clock on said afternoon defendant, Sells, stated that he had to go out and buy…