Legal Opinion
Gould, Inc. v. Dynalectric Co.
Superior Court of Delaware
Decided July 23, 1981PublishedCited by 1 opinion
1Opinion of the Court
WALSH, Judge.
In this mechanics’ lien action, the Court is required to determine, as a matter of first impression in Delaware, whether the as-signee of an unperfected claim may pursue a mechanics’ lien action to recover payment allegedly due the assignor-supplier. I conclude that it may not.
The plaintiff, Gould, Inc., is a manufacturer of electric equipment which it distributed on a consignment basis to Alexandria Lighting and Supply, Inc. (Alexandria). Between March 11 and September 28, 1980, Alexandria, in turn, supplied Gould equipment to the defendant, Dynalectric Company, for installation…
2Cases cited16 opinions
- Southern Surety Co. of New York v. First State Bank of MarquezCourt of Appeals of Texas · 1932
- American Buildings Co. v. Wheelers StoresWyoming Supreme Court · 1978
- Noll v. KenneallyNebraska Supreme Court · 1893
- Department of Community Affairs & Economic Development v. M. Davis & Sons, Inc.Supreme Court of Delaware · 1980
- Iannoti v. KalmbacherSuperior Court of Delaware · 1931
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3Cited by1 opinion
- Browning-Ferris, Inc. v. Rockford Enterprises, Inc.Superior Court of Delaware · 1993