Thompson Door Co., Inc. v. Haven Fund

In 'this action to recover money damages for an alleged breach of an agreement to repurchase certain securities, the Superior Court denied defendant’s motion to dismiss the complaint. 338 A.2d 574. Reference is made to that opinion for a complete statement of facts. On appeal defendant argues that the Court erred because plaintiff did not have legal capacity to maintain the suit, that it was not properly authorized, and that a prior pending action between the parties on the same facts requires dismissal.

Plaintiff is a Delaware limited partnership with three general partners, only one of whom…