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ACIERNO v. WORTHY BROS. PIPELINE CORP.

No. 443, 1995.

693 A.2d 1066 (1997)

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 Counterclaimant Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: May 14, 1997.

Attorney(s) appearing for the Case

Charles M. Oberly, III (argued), Oberly & Jennings, Wilmington, for Appellants.

Joseph Grey (argued), and Patricia A. Pyles, Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for Appellee.

Before VEASEY, C.J., WALSH, HARTNETT and BERGER, JJ. and JACOBS, Vice Chancellor (constituting the Court En Banc).

HARTNETT, Justice.

In this appeal we address the legal elements necessary for an accord and satisfaction of a debt. We conclude that the record adequately supports the Superior Court's factual finding that no bona fide dispute based upon mutual good faith existed between the parties. An essential legal element required for a valid common law accord and satisfaction was therefore not present and we AFFIRM the...

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