In re Seminole Oil & Gas Corp.

Seitz, Chancellor:

Petitioner, a stockholder of Seminole Oil & Gas Corporation (“Seminole”), seeks the appointment of a Master to hold a meeting of stockholders to elect directors. Petitioner contends that the annual meeting was not held on the first Monday of May, 1959, as required by the by-law. Defendant claims that the by-laws were properly amended to change the annual meeting date to the last Monday of December.

This matter comes before the court on cross motions for summary judgment.

This corporation has just come through a costly court-directed election based upon the failure of the prior…