Legal Opinion

Girdler Corp. v. Delaware Compressed Gas Co.

Superior Court of Delaware

Decided February 24, 1936No. 39PublishedCited by 9 opinions

1Opinion of the Court

Layton, C. J.,

delivering the opinion of the Court:

It is to be presumed that the claimant has stated its claim as strongly as the truth permitted; and, as the inferences are against the pleader, doubtful allegations must be resolved against it. Schwartzman v. Wilmington Stores Co., 2 W. W. Harr. (32 Del.) 7, 117 A. 739; Derrickson v. Commissioners of Harrington, 3 W. W. Harr. (33 Del.) 412, 138 A. 645.

The statement of claim admits of the presumption that the plant was not designed and furnished in connection with the erection, alteration or repair of the building or structure upon which a lien…

2Cases cited6 opinions

  1. Breeding v. MelsonSupreme Court of Delaware · 1927
  2. Heitz v. SayersSuperior Court of Delaware · 1921
  3. McCartney, Kenny & Co. v. Lewis P. Buck & Co.Superior Court of Delaware · 1887
  4. Thompson Manufacturing Co. v. SmithSupreme Court of New Hampshire · 1892
  5. Derrickson v. Commissioners of HarringtonSuperior Court of Delaware · 1927

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Stockman v. McKeeSuperior Court of Delaware · 1950
  2. Browning-Ferris, Inc. v. Rockford Enterprises, Inc.Superior Court of Delaware · 1993
  3. McHugh Electric Co. v. Hessler Realty & Development Co.Supreme Court of Delaware · 1957
  4. Clo-Car Trucking Co. v. Clifflure Estates of South Carolina, Inc.Court of Appeals of South Carolina · 1984
  5. Erect-Rite Construction Co. v. DeChellisSuperior Court of Delaware · 1963

4 more not listed; retrieve them via the Exa API.

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