17 Del. 4
Decided September 29, 1897
Superior Court of Delaware · decided 1897-09-29
This was a Mechanics Lien. The petition set out the usual facts and claimed $1,100 balance due. The defendants filed the usual pleas of payment, set off, releases, accord and satisfaction and in addition thereto the following plea: “Note under hand of William C. Guthrie for $150 on account of the claim of plaintiff extending under Mechanics Lien Statutes, the time of filing lien in above stated case until July 16, 1897.”
Decided 1897-09-29
¶1The defendants have not distinctly and clearly stated in their fifth plea any issuable fact. There are, what are generally known as short pleas; but the defendants’ plea is not good as a short plea. In the júdgment of the Court it does not set out any defence.
¶2We therefore make the order that the fifth plea be stricken out.
¶3On motion of Mr. Chandler, leave to amend pleas generally was granted.