O'Hara v. Reed

Superior Court of Delaware

O'Hara v. Reed

39 A. 776, 17 Del. 138, 1 Penne. 138, 1897 Del. LEXIS 49

CourtSuperior Court of Delaware

DecidedDecember 11, 1897

StatusPublished

Cited by1 cases

This text of 39 A. 776 (O'Hara v. Reed) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Hara v. Reed, 39 A. 776, 17 Del. 138, 1 Penne. 138, 1897 Del. LEXIS 49 (Del. Ct. App. 1897).

Pincite

Opinion

Spruancb, J:—

The purpose of a bill of particulars is to give

to the defendant reasonable notice of the claim he is required to meet.

The bill of particulars in this case shows the dates and prices of the alleged sales, and describes the property sold as “mdse.,” meaning merchandise. This is not sufficient. The defendant is ■ entitled to know with reasonable certainty what kind of merchandise is claimed, to have been sold to him. Under this paper the plaintiff might prove a claim for meat, dry-goods, groceries or any other property answering the general description of merchandise.

Ret a new bill of particulars be filed.

Free access — add to your briefcase to read the full text and ask questions with AI