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TRUSERV CORP. v. MORGAN'S TOOL & SUPPLY CO.

No. 10 WAP 2010

39 A.3d 253 (2012)

TRUSERV CORPORATION, Successor by Merger to ServiStar Coast to Coast Corporation, f/k/a ServiStar Corporation, Appellant v. MORGAN'S TOOL & SUPPLY CO., INC., John L. Morgan, and Gail N. Morgan, Appellees.

Supreme Court of Pennsylvania.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Robert H.C. Ralston , Samuel Herman Simon , Matthew J. Lautman , Houston Harbaugh, Pittsburgh, for TruServe Corporation.

Emily Martha Ayoub , John Kenneth Gisleson , Pittsburgh, Nilam Ajit Sanghvi , Schnader Harrison Segal & Lewis, L.L.P., for Morgan's Tool & Supply Co., et al.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice TODD.

We granted allowance of appeal in the instant case to consider whether a trial court may refuse to award contractual interest to the prevailing party in a contract dispute based on a finding of dilatory conduct by the prevailing party. We hold, inter alia, that a trial court may not refuse to award interest to the prevailing party when the right to interest has been expressly reserved under the terms of the contract. Thus, we...

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