Wilmington Memorial Co. v. Silverbrook Cemetery Co.

SHORT, Vice Chancellor:

This is an action for a declaratory judgment, injunctive relief and damages. The complaint alleges that defendant Silver-brook Cemetery Company (Silverbrook) is unlawfully and unfairly competing with plaintiff in the sale of monuments (bronze grave markers) to lot owners in its cemetery. The answer denies the allegations of the complaint and asserts as affirmative defenses, failure to state a claim upon which relief may be granted, and plaintiff’s lack of standing to prosecute the action. The case is before the court on cross motions for summary judgment. This is the…