D. F. Quillen & Sons, Inc. v. Ayres

Christie, J.:

Plaintiff brought this action alleging that defendants owe it $2,970.76 for labor, materials and goods sold and delivered to the defendants in the construction of defendants’ theatre in Bridgeville. Attached to the complaint was a bill of particulars and affidavit of demand.

The form of the complaint indicates that plaintiff was suing for the recovery of a book account. Under the provisions of 10 Del. C. § 3901 plaintiff is entitled to a default judgment unless an affidavit of defense is filed.

Defendants filed an answer denying liability and alleging that plaintiff breached its…