Dominick v. Harmony Talking Machine Co.
Superior Court of Delaware
Action on Appeal (No. 48, November Term, 1912), from a judgment rendered by a justice of the peace. General demurrer to the pro narr. containing a special count in assumpsit and another in covenant, with the common counts. The demurrer was sustained. The questions of law presented appear in the opinion.
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
The pro-narr. in this case consists of two special counts and five common counts. The first special count is in assumpsit, in which an express contract for the sale and delivery of goods and wares is stated by its substance and effect. The second special count is in covenant, stating by its tenor a contract under seal, likewise for the sale and delivery of goods and wares, wherein *294damage for breaches are unliquidated. The remaining five counts are common counts in indebitatus' assumpsit.
[1] The cause of action declared upon in covenant in the…
2Cited by7 opinions
- Monastakes v. StateSupreme Court of Delaware · 1924
- Dzedzej v. PrusinskiSuperior Court of Delaware · 1969
- State v. CoffieldSuperior Court of Delaware · 1961
- Cooper's Home Furnishings, Inc. v. SmithSuperior Court of Delaware · 1969
- Gaster v. BelakSuperior Court of Delaware · 1974
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