Smith v. Berwin Builders, Inc.

OPINION

O’HARA, Judge.

This proceeding is upon the motion of Berwins Builders, Inc. (defendant) for summary judgment in an action founded upon negligence, breach of contract, breach of warranty and fraud. Edith M. Smith, Executrix of the Estate of Stuart M. Smith, deceased, Edith M. Smith, individually, and Stuart M. Smith, Inc., a Maryland corporation are the plaintiffs. Defendant is a Delaware corporation engaged in the business of contracting in the Wilmington, Delaware area.

It appears that in March, 1968, an agreement was entered into between the defendant and Stuart and Edith M. Smith,…