Fisher v. News-Journal Co.

The Vice-Chancellor:

The principal question is whether, because of an alleged trade usage or custom and in the absence of a contract providing expressly therefor, the defendant newspaper publisher may be compelled to sell its papers to persons who have, without the knowledge or approval of the publisher, purchased the business of a retail newspaper distributor who theretofore bought papers from the publisher.

On or shortly before July 17,1939, complainants bought the stock and merchandise of a store, and the newspaper business carried on by one Lebo in Newark, Delaware. The consideration was…