McWhirter v. Washington Royalties Company

The Chancellor.

This is an application under Section 30 of the General Corporation Act (.Revised Code 1915, § 1944 as amended by 35 Del. Laws, c. 85, § 14) which provides with respect to vacancies in the board of directors as follows:

“Vacancies shall be filled by a majority of the remaining directors, though less than a quorum, unless it is otherwise provided in the Certificate ■ of Incorporation or the by-laws and the directors so chosen shall hold office until the next annual election and until their successors shall be duly elected and qualified, unless sooner displaced; provided, however,…