Oscar George, Inc. v. Potts

Bramhall, J.:

This appeal is from the decision of the court below in dismissing an action under the mechanic’s lien law by reason of an alleged defective affidavit to a statement of claim made upon “knowledge and belief”.

The plaintiff, a Delaware corporation, was a subcontractor for the Delaire Corporation, the general contractor for the construction of a home for the individual appellees, Elmer E. Potts, Jr. and Charlotte L. Potts, on a tract of land in a development in New Castle County known as Silverside Heights. Prior to the expiration of the 90-day period from the furnishing of the last…