Shore v. Union Drug Co.

The Chancellor:

The demurrer to this bill seems to me to be founded on a misconception of its fundamental character. The core of the case which it presents is found in the contract that was formed. The bill in substance seeks a performance of that contract. The creation of the corporation grew out of the contract. The corporation was only an instrument which the parties created for the effectuation of the contract’s intent. The corporation is thus a mere incidental feature in a case that seeks specific performance of a contract. Where such is the case, “the rules of law and practice applicable…