STOPPI v. WILMINGTON TRUST CO.


518 A.2d 82 (1986)

Gerald J. STOPPI, and Diane Stoppi, Plaintiffs Below, Appellants, v. WILMINGTON TRUST COMPANY, Defendant Below, Appellee. LARRY'S HOMES, INC., Defendant Below, Appellant, v. Gerald J. STOPPI and Diane Stoppi, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: November 21, 1986.


Attorney(s) appearing for the Case

Douglas A. Shachtman, Wilmington, for Gerald J. Stoppi and Diane Stoppi.

Michael J. Goodrick, of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, for Larry's Homes, Inc.

Matthew J. Lynch, Jr., of Wilmington Trust Co., Wilmington, for Wilmington Trust Co.

Before CHRISTIE, C.J., MOORE and WALSH, JJ.


MOORE, Justice.

In this action under the Uniform Commercial Code, 6 Del.C. § 1-101 et. seq., we address for the first time the duty of a secured party to give written notice under 6 Del.C. § 9-504(3)1 prior to a sale or disposition of repossessed collateral, irrespective of any actual notice received by a debtor from another source.

Plaintiffs (the Stoppis) sued in the Superior Court to recover statutory...

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