DE CECCHIS v. EVERS


174 A.2d 463 (1961)

Orlando F. DE CECCHIS and Sarah G. De Cecchis, His Wife, Plaintiffs, v. Warren S. EVERS and Warren W. Evers, Trading as W. Evers & Son Storage Co., and W. Evers & Son Storage Co., a Corporation of the State of Delaware, Defendants.

Superior Court of Delaware, New Castle.

October 18, 1961.


Attorney(s) appearing for the Case

James F. Kruzinski, Wilmington, for plaintiffs.

Victor Battaglia (of Theisen & Lank), Wilmington, for defendants.


CAREY, Judge.

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...

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