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COUNTYWIDE REALTY CORP. v. ALBANI

420 A.2d 1181 (1980)

COUNTYWIDE REALTY CORP., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. Francis J. ALBANI and Penn Title Insurance Company, a corporation of the Commonwealth of Pennsylvania, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Richard P. Beck, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff-appellant.

John G. Mulford, of Theisen, Lank, Mulford & Goldberg, P. A., Wilmington, for defendants-appellees.

Before HERRMANN, C. J., and DUFFY and QUILLEN, JJ., sitting as Court en Banc.

HERRMANN, Chief Justice (for the majority):

This is an appeal from a Superior Court post-trial judgment in favor of the defendants in this contest over an escrow fund in the amount of $22,000.

I.

These facts are undisputed:

The plaintiff Countywide Realty Corp. (Countywide) seeks from the defendant Penn Title Insurance Company (Penn Title) funds which Penn Title was to have held as

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