De Cecchis v. Evers

Carey, J.:

The question presently before the Court is whether a limitation of liability contained in a Warehouse Receipt is binding upon the plaintiffs.

The point arose during a pretrial conference. It appearing that a decision thereon might well shorten the trial or possibly eliminate its necessity, the Court under Civil Rule 16, Del. C. Ann. directed the filing of briefs.

Plaintiffs expect to prove these facts:

In June 1956, Mrs. De Cecchis called the office of defendants by telephone and inquired about their rates for storage. A member of the firm told her the rates which he quoted were based…