Legal Opinion

Alexander Industries, Inc. v. Hill

Supreme Court of Delaware

Decided June 30, 1965No. 17PublishedCited by 40 opinions

1Opinion of the Court

HERRMANN, Justice.

This is an action for mechanic’s lien in which the defendant moved for summary judgment. The motion was denied by the Superior Court and the defendant appeals.

The question before us is the usual one when a defendant’s motion for summary judgment is denied: Viewing the facts presented on the motion in the light most favorable to the plaintiff, is there an issue of fact for trial which, if resolved in favor of the plaintiff, would entitle the plaintiff to judgment?

Considering the record in the light most favorable to the plaintiff, the facts may be thus summarized:

On July…

2Cases cited5 opinions

  1. Ebersole v. LowengrubSupreme Court of Delaware · 1962
  2. Wagner v. ShanksSupreme Court of Delaware · 1963
  3. Wilmington Trust Co. v. Pennsylvania Co.Supreme Court of Delaware · 1961
  4. Sterling Drug, Inc. v. City Bank Farmers Trust Co.Supreme Court of Delaware · 1959
  5. Sterling Drug, Inc. v. City Bank Farmers Trust Co.Court of Chancery of Delaware · 1959

3Cited by40 opinions

  1. Continental Insurance v. Rutledge & Co.Court of Chancery of Delaware · 2000
  2. Gilbert v. El Paso Co.Supreme Court of Delaware · 1990
  3. Oliver B. Cannon & Sons, Inc. v. Dorr-Oliver Inc.Superior Court of Delaware · 1973
  4. In re Orchard Enterprises, Inc.Court of Chancery of Delaware · 2014
  5. Bershad v. Curtiss-Wright Corp.Supreme Court of Delaware · 1987

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