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Short & Walls Lumber Co. v. Blome

Superior Court of Delaware, New Castle County

March 3, 1950

SHORT & WALLS LUMBER CO.
v.
BLOME.

Page 235

[45 Del. 398] Harry Hoch and Phillip Cohen, of Wilmington, for plaintiff.

James R. Morford, of the firm of Morford, Bennethum, Marvel & Cooch, of Wilmington, for defendant.

TERRY, Judge.

This is a civil action brought by Short & Walls Lumber Co., a corporation of the State of Delaware, plaintiff, against Florence M. Blome, now or formerly trading as Wright Lumber Co., defendant, for the unlawful conversion of certain building materials of the value of $3058.55. The cause is before me on motions for summary judgments as filed by the respective parties.

The complaint alleges----

'On or about July 23rd, 24th and 26th, 1948, the defendant converted to her own use quantities of lumber of the size, character and description set forth in Exhibit 'A' attached hereto of the value of $3058.55, the property of the plaintiff.'

[45 Del. 399] 'EXHIBIT A

Short and Walls Lumber Company

Middletown, Delaware

To Mr. Elihu Sapp

Cheswold, Delaware

                                                                  Charges  Balance
   -------------------------------------------------------------------------------
   7"23"48  (C17215) 16 Pcs. 2x8x16 Fir 342               12 1/2  42.75
            1 Pc. 2x8x14 Fir 19                           12 1/2  2.38
            109 Pcs. 2x8x12 Fir 1744                      12 1/2  218.00
            66 Pcs. 2x6x12 Fir 792                        12 1/2  99.00
            36 Pcs. 2x8x18 Fir 864                        13      112.32
            (C17211) 5202 Bd. Ft. 1x6 N. C. Roofers       11 1/2  598.23   1072.68
   7"24"48  (C17233) 200 Pcs. 2x4x18 Fir S4S 2400         13      312.00
            126 Pcs. 2x4x16 Fir S4S 1344                  12 1/2  168.00
            6 Pcs. 2x4x12 Fir S4S 48                      12 1/2  6.00
            24 Pcs. 2x4x14 Fir S4S 224                    12 1/2  28.00    1586.68
   7"26"48  (C17254) 3230 Bd. Ft. 1/2x6 Red Bev.  Siding   22      710.60
            82 Pcs. 2x4x16 Fir S2S 875                    12 1/2  109.38
            600 Lin.  Ft. 1x6 Y.P. B & Btr. S4S            27 1/2  82.50
            600 Lin.  Ft. 1"3/8 W.P. Base Mldg.            7L      42.00
            600 Lin.  Ft. 3/4 W.P. Qtr. Round              3L      18.00
            1100 Bd. Ft. 1x6 N.C. Roofers                 11 1/2  126.50
            2 Pcs. 1x8x12 Y.P. B & Btr. S4S 16            27 1/2  4.40
            2 Pcs. 1x8x14 Y.P. B & Btr. S4S 19            27 1/2  5.23
            18 Sqs. Asphalt Shingles Sq. Butt Green 6.82          122.76
            1002 Bd. Ft. 1x3 Y.P. Flg. B & Btr.           25      250.50   3058.55
            I certify to the correctness of this copy of
              the statement.
            /S/ Edward Sapp'
   

Page 236

[45 Del. 400] The defendant's answer denies the allegations of the complaint. The factual contentions as developed from the pleadings, affidavits and admissions are: The plaintiff contends that Edward Sapp personally appeared at its place of business, falsely impersonated himself to be Elihu Sapp, and stated that he desired to purchase certain building materials for the construction of a building to be located near Bishop's Corner in Kent County; that by reason of the misrepresentation relating to his identity the plaintiff sold and delivered to Edward Sapp the building materials set forth in Exhibit 'A' amounting to $3058.55; that Edward Sapp subsequently sold and delivered ...


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