OLIVER B. CANNON & SONS, INC. v. DORR-OLIVER INC.


312 A.2d 322 (1973)

OLIVER B. CANNON & SONS, INC., a Pennsylvania corporation, Plaintiff, v. DORR-OLIVER INCORPORATED, a Delaware corporation, et al., Defendants, S. C. M. Corporation, a New York corporation, Additional Defendant on Counterclaim, William H. Rorer, Inc., a Pennsylvania corporation, Additional Defendant on Cross-Claim.

Superior Court of Delaware, Sussex.

September 18, 1973.


Attorney(s) appearing for the Case

Courtney H. Cummings, Jr., Wilmington, for plaintiff.

David T. Dana, III, and James T. McKinstry, Wilmington, for defendant Barcroft Co.


OPINION AND ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT BARCROFT'S COUNTERCLAIM: MOTION DENIED

QUILLEN, Chancellor:1

In May of 1968, Barcroft Company ("Barcroft") entered into an agreement with Dorr-Oliver Incorporated ("Dorr"), whereby Dorr was to design and construct a plant for the production of magnesium hydroxide paste on Barcroft's site at Lewes, Delaware. Dorr subcontracted out a portion of this project...

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