PETTINARO CONSTRUCTION COMPANY v. Rago

STIFTEL, President Judge.

This is a mechanics’ lien problem. Plaintiff filed its complaint and statement of claim on February 16, 1970. It was served on February 18, 1970, and on March 12, 1970, defendants’ answer was filed. Unfortunately, the answer was filed two days late and no affidavit of defense accompanied it. Plaintiff asks for judgment by default in accordance with 25 Del.Code § 2716. 1

Defendants argue that the affidavit of defense did not have to be filed because their answer asked that the judgment be refused notwithstanding the plaintiff’s affidavit of demand because plaintiff…