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PETTINARO CONST. CO. v. HARRY C. PARTRIDGE, ETC.

408 A.2d 957 (1979)

In the Matter of Arbitration Between PETTINARO CONSTRUCTION CO., INC., a Delaware Corporation, Plaintiff, v. HARRY C. PARTRIDGE, JR., & SONS, INC., a New York Corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided October 15, 1979.

Attorney(s) appearing for the Case

David Roeberg, Roeberg & Associates, P. A., Wilmington, for plaintiff (complainant).

John Biggs, III, Biggs & Battaglia, Wilmington, for defendant (respondent).

HARTNETT, Vice Chancellor.

This action was commenced to compel arbitration. For the reasons set forth, I find that the plaintiff's claim is not ripe, at this time, for an Order compelling arbitration.

The Pettinaro Construction Co., Inc. (Pettinaro), and the defendant, Harry C. Partridge, Jr., and Sons, Inc., a subcontractor of plaintiff, entered into a contract incorporating by reference the arbitration provisions...

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