OLIVER B. CANNON AND SON v. DORR-OLIVER


394 A.2d 1160 (1978)

OLIVER B. CANNON AND SON, INC., a Pennsylvania Corporation, Plaintiff Below, Appellant, Cross-Appellee, v. DORR-OLIVER, INCORPORATED, a Delaware Corporation, Barcroft Company, a Delaware Corporation, and William H. Rorer, Inc., a Pennsylvania Corporation, Defendants Below, Appellees, Cross-Appellants.

Supreme Court of Delaware.

Decided August 30, 1978.

Rehearing Denied November 1, 1978.


Attorney(s) appearing for the Case

Courtney H. Cummings, Jr., Wilmington, and Richard S. Gebelein of Wilson & Whittington, P. A., Wilmington, for Oliver B. Cannon and Son, Inc.

Douglas E. Whitney and George L. Pazuniak of Morris, Nichols, Arsht & Tunnell, Wilmington, for Dorr-Oliver, Inc.

James T. McKinstry of Richards, Layton & Finger, Wilmington, and David L. Grove of Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for Barcroft Co. and William H. Rorer, Inc.

Before DUFFY and McNEILLY, JJ., and BROWN, Vice Chancellor.


DUFFY, Justice:

This is an appeal and cross-appeal from a judgment entered after a bench trial on damages in the Superior Court.

I.

Briefly, the controversy involves a dispute between Oliver B. Cannon and Son, Inc. (Cannon), plaintiff, a painting subcontractor employed by the general contractor, Dorr-Oliver, Incorporated (Dorr-Oliver), defendant, to perform work on large tanks owned and used by Barcroft...

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