Legal Opinion

Bye v. Mc-Caulley & Son Co.

Superior Court of Delaware

Decided June 22, 1908PublishedCited by 11 opinions

Appeal from a judgment rendered by a Justice of the Peace in and for New Castle County (No. 154, February Term, 1907). Action by the plaintiff to recover from the defendants the sum of $189.28, with interest from August 20th, 1906, for work and labor in constructing a certain porch and steps for the defendants’ home, at Holly Oak, in New Castle County.

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Appeal from a judgment rendered by a Justice of the Peace in and for New Castle County (No. 154, February Term, 1907). Action by the plaintiff to recover from the defendants the sum of $189.28, with interest from August 20th, 1906, for work and labor in constructing a certain porch and steps for the defendants’ home, at Holly Oak, in New Castle County. Said work was claimed to have been done between June first and June twenty-seventh, 1906, under a contract that the defendants were to furnish all materials and plaintiff to furnish the necessary labor to do the work. The house in question was…

1Opinion of the Court

Lore, C. J.,

charging the jury:

*117Gentlemen of the jury:—The plaintiff is seeking to recover from the defendants the sum of $189.28, with interest from August 20th, 1906, for work and labor ‘in constructing a certain porch and steps for the defendants’ home, at Holly Oak, in this county.

It is claimed that the said work was done between June 1st and June 27th, 1906, under a contract that the defendants were to furnish all the materials and the plaintiff to furnish the necessary labor to do the work.

Where a person holds himself out as a competent contractor to perform labor of a certain kind, the…

2Cited by11 opinions

  1. Jones v. Charles Warner Co.Superior Court of Delaware · 1912
  2. Smith v. Berwin Builders, Inc.Superior Court of Delaware · 1972
  3. Council of Unit Owners of Breakwater House Condominium v. SimplerSupreme Court of Delaware · 1992
  4. Meade v. Collins Realty Co.Superior Court of Delaware · 1950
  5. August v. HernandezSuperior Court of Delaware · 2020

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