Sapperstein v. Wilson & Co.

The Chancellor:

In so far as this bill rests for support on the contention which was advanced and rejected in Keller, et al., v. Wilson & Co., Inc., ante p. 13, 180 A. 584, it cannot be maintained. That case was concerned with the identical state of facts with which the present one is concerned. The same point which was solely relied on there, is renewed here, and the answer thereto is the same.

But the complainant advances as an additional ground for relief in this case a theory which was not put forward in the Keller Case. It becomes necessary, therefore, to look further into the lawfulness…