Legal Opinion
Martin v. Star Publishing Company
Supreme Court of Delaware
Decided October 25, 1956No. 12PublishedCited by 42 opinions
1Opinion of the Court
Southerland, C. J.:
The principal question in this case is whether the doctrine of impossibility or “frustration” excused the defendant from its contractual obligations to the plaintiff.
The facts are these:
Prior to October 3, 1946, Joseph H. Martin, plaintiff below, was the president and owner of all the capital stock of Star Publishing Company, the principal business of which was the printing and publishing in the City of Wilmington of The Sunday Star, a weekly newspaper.
On October 3, 1946, Martin entered into an agreement with J. Edwin Carter for the sale of the business. This agreement was…
2Cases cited16 opinions
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
- Greek Catholic Congregation v. PlummerSupreme Court of Pennsylvania · 1940
- Duff v. Trenton Beverage Co.Supreme Court of New Jersey · 1950
- St. Louis & Denver Land & Mining Co. v. TierneySupreme Court of Colorado · 1881
- DuPont Bayard v. MartinSupreme Court of Delaware · 1953
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Groseth International, Inc. v. Tenneco, Inc.South Dakota Supreme Court · 1987
- Katz v. Oak Industries Inc.Court of Chancery of Delaware · 2008
- Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
- Stafford v. Southern Vanity Magazine, Inc., Texas Court of Appeals, 5th District (Dallas)2007
- Comet Systems, Inc. Shareholders' Agent v. MIVA, Inc.Court of Chancery of Delaware · 2008
37 more not listed; retrieve them via the Exa API.