Legal Opinion
TruServ Corp. v. Morgan's Tool & Supply Co.
Supreme Court of Pennsylvania
Decided February 21, 2012No. 10 WAP 2010PublishedCited by 75 opinions
1Opinion of the Court
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 remand this matter to the trial court for recalculation of its award in favor of Appellant TruServ Corporation (“TruServ”).1
*554I. Background
TruServ is a…
2Cases cited23 opinions
- Madison Construction Co. v. Harleysville Mutual InsuranceSupreme Court of Pennsylvania · 1999
- Lake Ridge Academy v. CarneyOhio Supreme Court · 1993
- LJL Transportation, Inc. v. Pilot Air Freight Corp.Supreme Court of Pennsylvania · 2009
- Ecksel v. Orleans Construction Co.Supreme Court of Pennsylvania · 1987
- Somerset Community Hospital v. Allan B. Mitchell & Associates, Inc.Superior Court of Pennsylvania · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Ge Betz, Inc. v. ConradCourt of Appeals of North Carolina · 2013
- Cresci Construction Services, Inc. v. MartinSuperior Court of Pennsylvania · 2013
- Wert v. ManorCare of Carlisle PA, LLCSupreme Court of Pennsylvania · 2015
- Newman Development Group of Pottstown, LLC v. Genuardi's Family Market, Inc.Superior Court of Pennsylvania · 2014
- Doe v. Trustees of the University of PennsylvaniaDistrict Court, E.D. Pennsylvania · 2017
70 more not listed; retrieve them via the Exa API.