Mayer v. Adams

Southerland, Chief Justice:

This is a minority stockholder’s suit against directors of Phillips Petroleum Company and Ada Oil Company seeking relief for alleged wrongs against Phillips committed by defendants.

For an understanding of the questions raised by this appeal, a somewhat detailed history of this litigation is required.

The complaint was filed April 23, 1956. Motions to dismiss, or to strike, or to make the allegations more definite and certain, were promptly filed. One ground in support of the motions to dismiss was failure to comply with the requirements of Rule 23(b), Del.C.Ann.,…