WESTERN SAVING FUND SOCIETY OF PHIL. v. A. V. C. CORP.


305 A.2d 632 (1973)

The WESTERN SAVING FUND SOCIETY OF PHILADELPHIA, a Pennsylvania corporation, Plaintiff, v. A. V. C. CORPORATION, a Delaware corporation, Defendant.

Superior Court of Delaware, New Castle.

April 27, 1973.


Attorney(s) appearing for the Case

John P. Sinclair, Potter, Anderson & Corroon, Wilmington, for plaintiff.

E. N. Carpenter, II, Allen M. Terrell, Jr., Richards, Layton & Finger, Wilmington, for defendant.


OPINION

WALSH, Judge.

In this action the plaintiff, Western Savings Fund Society (Western), a Pennsylvania corporation seeks judgment against the defendant A.V.C. Corporation (A.V.C.), a Delaware corporation, for the unpaid balance of a promissory note for which A. V.C. is a surety.

Western's claim, which exceeds 1.5 million dollars, has its basis in an agreement between the parties dated September 15, 1971. In essence, the agreement recited that...

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