Elbert v. Wilmington Turngemeinde
Supreme Court of Delaware
Action by the Wilmington Turngemeinde, a corporation of the state of Delaware, against Samuel G. Elbert. To review judgment for plaintiff, defendant brings error. This was an amicable action in covenant, docketed in the court below, for breach of contract under seal by and between the parties, for the sale of certain real estate situate in the city of Wilmington.
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Action by the Wilmington Turngemeinde, a corporation of the state of Delaware, against Samuel G. Elbert. To review judgment for plaintiff, defendant brings error. This was an amicable action in covenant, docketed in the court below, for breach of contract under seal by and between the parties, for the sale of certain real estate situate in the city of Wilmington. It was argued before Judges Rice and Heisel on an agreed statement of facts filed, the material parts of which in substance are: Henry Blouth and Joseph Rymski, owners, in fee simple, of certain lands and premises, did, on the…
1Opinion of the CourtBoyce, J.
[1-3] Misnaming the plaintiff, or the defendant, in an action is ground for plea in abatement, but not for defeating the action, *358if the misnamed party is clearly identified. In such case the plaintiff will be allowed to amend. Lapham, etc., v. P., B. & W. R. Co., 4 Pennewill, 421, 56 Atl. 366; Culver et al. v. P., B. & W. R. Co., ante, 102 Atl. 980; Allen v. P., B. & W. R. Co., ante, 102 Atl. 985. See, also, M. B. Co. v. P. P. C. Co., 4 Pennewill, 90, 54 Atl. 687, wherein the defendant, appearing specially for the purpose, was allowed to file an affidavit of defense, though sued in wrong…
2Cases cited4 opinions
- Montello Brick Co. v. Pullman's Palace Car Co.Superior Court of Delaware · 1902
- Patrick v. PatrickSuperior Court of Delaware · 1918
- Allen v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1918
- Commonwealth Beneficial Ass'n v. TrustySuperior Court of Delaware · 1909
3Cited by3 opinions
- Webster-Art Strength B. L. Assn. v. ArmondoNew Jersey Court of Chancery · 1940
- Atkinson v. North American Smelting Co.Superior Court of Delaware · 1968
- Waterside Apartments, Inc. v. Havee (In re R. S. Grist Co.)United States Bankruptcy Court, S.D. Florida. · 1980