Diner Foods, Inc. v. City of Dover

WOLCOTT, Chief Justifce.

This is an appeal from an order of the Court of Chancery dismissing the action on *496the ground that it had not been brought by the real party in interest as required by Rule 17(a), Del.C.Ann.

In 1954 Diner Foods contracted with the City of Dover. Diner Foods obligated itself to install and dedicate to Dover a water main. Dover, in turn, obligated itself to collect and pay over to Diner Foods all fees received for tapping into the main during the 10-year life of the contract. In 1960 Diner Foods assigned the contract to the Hollywood Corporation.

In 1963 Diner Foods brought…