Legal Opinion
Hessler, Inc. v. Ellis
Court of Chancery of Delaware
Decided February 10, 1961PublishedCited by 4 opinions
1Opinion of the Court
Seitz, Chancellor:
Plaintiff, Hessler, Inc. (“plaintiff”) filed a complaint seeking to reform certain instruments or, in the alternative, to have them rescinded and cancelled. The four co-partners, trading as A. M. Ellis Theatres Co. (“defendant”), have moved to dismiss for failure to state a claim and for failure to join indispensable parties. This is the decision on that motion.
Since the factual allegations of the complaint are taken to be true for purposes of disposing of the motion, I proceed to narrate them. Also, although many of the transactions were with plaintiff’s predecessor in…
2Cases cited4 opinions
- Colvocoresses v. W. S. Wasserman Co.Court of Chancery of Delaware · 1942
- Hegarty v. American Commonwealths Power Corp.Court of Chancery of Delaware · 1932
- Eastern States Petroleum Co. v. Universal Oil Products Co.Court of Chancery of Delaware · 1946
- William Whitman Co. v. Universal Oil Products Co.District Court, D. Delaware · 1954
3Cited by4 opinions
- Jefferson Chemical Co. v. Mobay Chemical Co.Court of Chancery of Delaware · 1969
- Gracelawn Memorial Park, Inc. v. Eastern Memorial Consultants, Inc.Court of Chancery of Delaware · 1971
- Hessler, Inc. v. EllisCourt of Chancery of Delaware · 1961
- Hunt v. DelColloCourt of Chancery of Delaware · 1974