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GOULD, INC. v. DYNALECTRIC CO.

435 A.2d 730 (1981)

GOULD, INC., a Delaware corporation, Plaintiff, v. DYNALECTRIC COMPANY, a foreign corporation, Defendant and Third Party Plaintiff, ERNEST DiSABATINO & SONS, INC., a Delaware corporation and General Motors Corporation, a Delaware corporation, Defendants, v. ALEXANDRIA LIGHTING & SUPPLY, INCORPORATED, a foreign corporation, Third Party Defendant.

Superior Court of Delaware, New Castle County.

Decided July 23, 1981.

Attorney(s) appearing for the Case

Richard H. May, Sydney R. Chirlin and Josy W. Ingersoll of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.

Stanley W. Balick, Wilmington, for defendant Dynalectric Co.

WALSH, Judge.

In this mechanics' lien action, the Court is required to determine, as a matter of first impression in Delaware, whether the assignee of an unperfected claim may pursue a mechanics' lien action to recover payment allegedly due the assignor-supplier. I conclude that it may not.

The plaintiff, Gould, Inc., is a manufacturer of electric equipment which it distributed on a consignment basis to Alexandria...

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