Allmon v. Crooks & Co.
Superior Court of Delaware
Appeal by George S. Allmon from a judgment rendered against him by a justice of the peace in favor of Crooks and Co., Incorporated, for the use of John T. McWharter. The plaintiff below declared in assumpsit on a special contract and also on the common counts.
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Appeal by George S. Allmon from a judgment rendered against him by a justice of the peace in favor of Crooks and Co., Incorporated, for the use of John T. McWharter. The plaintiff below declared in assumpsit on a special contract and also on the common counts. The defendant below filed the usual pleas, and a special plea, the substance of which was that: at the time of the making «of the alleged contract with the plaintiff below, in the month, * * * and at and during the time the alleged work was done by the plaintiff below, * * * the said plaintiff below was engaged in the business of…
1Opinion of the Court
Conrad, J.,
delivering the opinion of the court.
The defendant’s plea in this case alleges that plaintiff is not entitled to recover because, at the time of performing the services and furnishing the materials for which the suit is brought, the plaintiff had failed to obtain a license for carrying on the business or occupation of a plumber, as provided by the statute of this state. To this plea the plaintiff demurs.
The court is clearly of opinion that the case of Strout v. Howell, 4 Boyce 31, 85 Atl. 666, decided by the Supreme Court of this state in 1913, conclusively settles the law in the…
2Cases cited1 opinion
- E. A. Strout Co. v. HowellSupreme Court of Delaware · 1913
3Cited by2 opinions
- Mendolia v. ZakrzewskiSuperior Court of Delaware · 1941
- Circelli v. BraunsteinDistrict Court, D. Delaware · 1958