Fetters v. Mayor & Council of Wilmington

Seitz, Vice Chancellor:

This is the decision on various motions attacking plaintiffs’ amended complaint. Plaintiffs’ original complaint was dismissed on the ground that it failed to state a claim upon which relief could be granted. See ante p. 319, 72 A. 2d 626. As in the previous opinion, reference to “plaintiffs” will include only the partnership of Carl E. Widell & Son unless otherwise indicated, while reference to the' “defendants” will include only the members of the Board of Water Commissioners.

This suit attacks the defendants’ action in awarding certain work to a bidder (hereinafter…