ACIERNO v. WORTHY BROS. PIPELINE CORP.

No. 009, 1994.

656 A.2d 1085 (1995)

Frank E. ACIERNO and F.A. Holdings, Inc., a Delaware corporation, Defendants and Counterclaimants Below-Appellants, v. WORTHY BROTHERS PIPELINE CORPORATION, a Delaware corporation, Plaintiff and Third Party Counterclaim Plaintiff Below-Appellee and Cross-Appellee, v. TRINITY PAVING COMPANY, a Pennsylvania corporation, Third Party Counterclaim Defendant Below and Cross-Appellant.

Supreme Court of Delaware.

Decided: March 8, 1995.

Revised: April 17, 1995.

Rehearing Denied April 17, 1995.


Attorney(s) appearing for the Case

Gary A. Bryde, Bayard, Handelman & Murdoch, Hockessin, and Hugh J. Bracken (argued), and J. Yannacone, Media, PA, for appellants.

Joseph Grey (argued), and Norman L. Pernick, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellee.

Kevin Gross, Rosenthal, Monhait, Gross & Goddess, Wilmington, and Norman E. Greenspan (argued), and Francois A. Dutchie, Blank, Rome, Comisky & McCauley, Philadelphia, PA, for cross-appellant.

Before VEASEY, C.J., HARTNETT and BERGER, JJ.


HARTNETT, Justice.

In this appeal, we hold that the Delaware common law doctrine of accord and satisfaction has not been displaced by the adoption in Delaware of § 1-207 of the Uniform Commercial Code (UCC).

I.

We review the Superior Court's decision, after trial, that Appellee, Worthy Brothers Pipeline Corporation ("Worthy") was entitled to a judgment against Appellant F.A. Holdings, Inc. ("Holdings...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases