Hutchinson v. Fish Engineering Corp.

Seitz, Chancellor:

[1] Defendants were successful on the merits. Hutchinson v. Fish Engineering Corp., 42 Del.Ch. 21, 203 A.2d 53. Defendant Fish Engineering seeks to have the unsuccessful plaintiff pay its counsel fees. Assuming that the allowance of counsel fees to the successful party is a permissible discretionary matter with a court of equity, I conclude that the facts of this case do not move me to allow them to defendant Fish Engineering. First, in this type of case the granting of an allowance would be most unusual. Compare Maurer v. International Re-Insurance, 33 Del. Ch. 456, 95 A.2d…