Trustees of the New Castle Common v. Gordy

Southerland, Chief Justice,

delivering opinion of the court:

Trustees of the New Castle Common, a corporation (herein “plaintiff”), brought suit in the Court of Chancery against Elva S. Gordy and Ralph E. Gordy (herein “defendants”) for the specific performance of a contract by which plaintiff has agreed to sell and defendants have agreed to buy certain land owned by plaintiff. Defendants have refused to perform the contract, asserting that plaintiff is without power to convey good title to the land, which is part of the corpus of a charitable trust administered by plaintiff. Plaintiff avers…