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YORK DIST. CO. DIV. OF McCRORY CORP. v. WITTIG

422 A.2d 1270 (1980)

YORK DISTRIBUTION COMPANY DIVISION OF McCRORY CORPORATION, a corporation of the State of Pennsylvania, Plaintiff Below, Appellant, v. Joan G. WITTIG and Carl G. Wittig, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Kenneth M. Roseman (argued), Wilmington, for plaintiff-appellant.

Robert K. Pearce (argued) and James F. Kipp, of Trzuskowski, Kipp, Kelleher & Pearce, Wilmington, for defendants-appellees.

Before HERRMANN, C. J., and QUILLEN and HORSEY, JJ.

PER CURIAM:

Appellant-plaintiff York Distribution Company, Division of McCrory Corporation (York) supplies merchandise to retail stores, one of which is B. J. Hoy 5 & 10 Stores, Inc. (Hoy), owned principally by appellees-defendants Carl and Joan Wittig. Mr. Wittig is secretary of Hoy and in regular contact with those in charge of operations.

In October, 1978, Hoy owed York nearly $50,000 for goods purchased on credit, resulting in York terminating all...

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