Fleischer v. James Drug Stores, Inc.

The opinion of the court was delivered by

Heheb, J.

The case is here under Article XI, section IV, paragraph 8 of the Constitution of 1947 and chapter 367 of the Pamphlet Lams of 1948.

The suit is for specific performance and for discovery and an accounting and damages.

The learned Vice Chancellor dismissed the bill upon these grounds: that specific performance will not be decreed where “the contract or duties to be performed are continuous;” that even where performance by the defendant “does not present great difficulties of superintendence,” specific performance will be denied “if performance…