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CHEIDEM CORP. v. FARMER

449 A.2d 1061 (1982)

CHEIDEM CORP., a Delaware Corporation, Assignee of Mary-Ellen Enterprises, Inc., a Delaware Corporation, Plaintiff, v. James L. FARMER, Dorothy J. Farmer, William M. Dungee and Doretha C. Dungee, Defendant.

Superior Court of Delaware, New Castle County.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Joseph B. Green, of Green & Green, Wilmington, for plaintiff.

Gregg E. Wilson, Wilmington, for defendant.

O'HARA, Judge.

Plaintiff, Cheidem Corporation, is the assignee-obligee on a mortgage and judgment bond with warrant of attorney. The warrant does not contain any conditions precedent for exercise; neither delay nor default is necessary for execution. Plaintiff complained that defendants had breached a condition of the bond to make one joint monthly payment to plaintiff for both the mortgage it held as well as for an assumed...

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