McGowan v. Empress Entertainment, Inc.

OPINION

JACOBS, Vice Chancellor.

The plaintiff in this action seeks an order requiring the corporation of which he was a director, to pay the attorneys’ fees that he incurred to enforce his right to inspect the corporation’s books and records. After the plaintiff demanded those records, the corporate defendant misled him for over 16 months, by promising him both orally and in writing that the books and records would be produced forthwith. Those promises were not kept, and the plaintiff brought this action to enforce his statutory inspection right under 8 Del. C. § 220. The result was a…