Rosenthal v. Burry Biscuit Corp.

Seitz, Vice Chancellor:

The legal preliminaries to the present difficulty are set forth in Rosenthal v. Burry Biscuit Corporation, 30 Del.Ch. 299, 60 A.2d 106.

The problem now presented in both of the above captioned matters is essentially the same. Plaintiffs have moved for judgment on the pleadings in both cases. Defendants, as part of each answer, have set forth that the option which is under attack in these actions has been cancelled. Consequently, for present purposes, I feel that I am entitled to consider that the option has in fact been cancelled. I infer from this fact that the case is…