Rumsey Electric Company v. University

WALSH, Judge. Plaintiff, Rumsey Electric Company, a Delaware corporation (Rumsey) seeks recovery of $106,421.94 for electrical equipment
supplied by it in connection with the construction of a dormitory building at the University of Delaware. The defendants are
Ogden Development Corporation (Ogden); Frederic G. Krapf & Sons, Inc. (Krapf) doing business as a joint venture under
the name of Ogden Development-Krapf (the Joint Venture); Insurance Company of North American (INA) the surety on the labor
and material payment bond executed by the Joint Venture as the general contractor and the University of Delaware (University)
the owner of the dormitory building. All defendants have filed motions to dismiss, initially under Rule 12nb) of the Superior
Court Civil Rules, Del.C.Ann., but, because of the record supplementation requested by the Court, they will be treated as
motions for summary judgment under Rule 56. 1 Since Rumsey has conceded the merit of the University's position its motion
will be granted without further Discussion.