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Keywords

contractbreach of contractplaintiffdefendantpleamotion

contractbreach of contractplaintiffdefendantmotionwill

Related Cases

Fowler v. Mumford, 9 Terry 282, 48 Del. 282, 102 A.2d 535

Facts

The plaintiffs entered into a written contract with the defendant for the sale and conveyance of certain parcels of land. The defendant raised several defenses in response to the breach of contract claim, including assertions that the contract lacked consideration and that the plaintiffs had violated agreements related to the acquisition of title. The plaintiffs moved to strike these defenses, arguing they were insufficient.

The plaintiffs entered into a written contract with the defendant for the sale and conveyance of certain parcels of land.

Issue

Whether the defenses raised by the defendant in response to the breach of contract claim were sufficient to withstand the plaintiffs' motion to strike.

Rule

A defense is insufficient and subject to being stricken under Civil Rule 12(f) if it is not a valid defense, not germane to the issues in the case, or not responsive to the claim to which it is interposed.

A defense is insufficient and subject to being stricken under Civil Rule 12(f) if it is not a valid defense or where it is not germane to the issues in the case or where it is not responsive to the claim to which it is interposed.

Analysis

The court analyzed the defenses presented by the defendant and determined that they raised bona fide issues of fact that should be heard on the merits. The court noted that the plaintiffs' arguments regarding the parol evidence rule and the ownership of the property did not justify striking the defenses at this stage, as the validity of the defenses could not be determined without a full examination of the facts.

The court analyzed the defenses presented by the defendant and determined that they raised bona fide issues of fact that should be heard on the merits.

Conclusion

The court denied the plaintiffs' motion to strike the defenses, allowing them to remain in the pleadings for further consideration.

The motion to strike will be denied.

Who won?

The defendant prevailed in this case as the court found that the defenses raised were sufficient to withstand the motion to strike.

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