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IN RE B.Z. CORP.

Bankruptcy No. 81-04125G, Adv. No. 82-1648G.

36 B.R. 65 (1984)

In re B.Z. CORPORATION t/a Crooked Billet, Debtor. F.B. DAVIS SONS, INC., Plaintiff, v. Phillip E. FRANCO and Bee Zee Corporation t/a The Crooked Billet and Barry Sandrow, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 19, 1984.

Attorney(s) appearing for the Case

Miles Jellinek, Philadelphia, Pa., for plaintiff, R.B. Davis Sons, Inc.

George J. Wallace, Philadelphia, Pa., for debtor/defendant, Phillip E. Franco and Bee Zee Corp. t/a The Crooked Billet.

A. Charles Peruto, Philadelphia, Pa., for defendant, Barry Sandrow, individually.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the plaintiff corporation, a builder, may recover in a suit against the debtor's landlord either on the theory of an express contract or a quasi-contract. For the reasons stated herein, we hold that, under the facts of this case, it may not.

The facts of this case are as follows:1 B.Z. Corporation ("the debtor") leased a certain business property...

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