John J. Molitor, Inc. v. Feinberg

QUILLEN, Judge.

The plaintiff sues the defendants, who trade as Brandywine Hills Apartments, for a debt for carpentry work done at the Brandywine Hills Apartments.

The defendants have moved for summary judgment on the basis of the Statute of Limitations. It is conceded that the three year statute, 10 Del.C. § 8106, applies, that the cause of action accrued on August 31, 1964, and that the complaint was filed on April 11, 1968. For the purpose of this motion, the defendants must be considered as being personally absent from the State since the accrual of the cause of action. The defendants are…