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FRIENDLY I. C. CORP. v. ANDREW E. MITCHELL & SONS, INC.

340 A.2d 168 (1975)

FRIENDLY ICE CREAM CORPORATION for the use of S. M. ARONOW CO., a New Jersey corporation, Plaintiff, v. ANDREW E. MITCHELL & SONS, INC., a Delaware Corporation and Carr Construction, Inc., a Connecticut Corporation, Defendants.

Superior Court of Delaware, New Castle.

June 10, 1975.

Attorney(s) appearing for the Case

Michael P. Maguire, of Czajkowski & Maguire, Wilmington, for plaintiff.

Joseph A. Calvarese, Jr., of Killoran & VanBrunt, Wilmington, for defendant Carr Construction, Inc.

TAYLOR, Judge.

Use-plaintiff, S. M. Aronow Co. [Aronow] furnished labor and materials on the premises of Friendly Ice Cream Corporation at the Concord Mall. The contractual hierarchy is as follows: Friendly Ice Cream Corporation [Friendly], owner or lessee, contracted with Carr Construction, Inc. [Carr], which in turn contracted with Andrew E. Mitchell & Sons, Inc. [Mitchell], which in turn contracted with Aronow. Aronow...

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