Legal Opinion
McMahon v. New Castle Associates
Court of Chancery of Delaware
Decided August 21, 1987No. Civ. A. 8707PublishedCited by 101 opinions
1Opinion of the Court
OPINION
ALLEN, Chancellor.
This class action, in which a tenant seeks the recovery of money from his landlord, is before the Court on defendant’s motion to dismiss for lack of equity jurisdiction. 10 Del.C. § 342. For the reasons that follow, I conclude that the complaint alleges essentially a legal claim for damages. That is, it alleges neither a relationship between the parties uniquely recognized in chancery nor facts which, if true, would entitle plaintiff to any remedy uniquely available from this court. Therefore, for the reasons more fully set forth below, I conclude that plaintiffs…
2Cases cited25 opinions
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- Singer v. Magnavox Co.Supreme Court of Delaware · 1977
- Brophy v. Cities Service Co.Court of Chancery of Delaware · 1949
- Adams v. JankouskasSupreme Court of Delaware · 1982
- Montgomery Ward & Co. v. LangerCourt of Appeals for the Eighth Circuit · 1948
20 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Malone v. BrincatSupreme Court of Delaware · 1998
- Feeley v. Nhaocg, LLCCourt of Chancery of Delaware · 2012
- Candlewood Timber Group, LLC v. Pan American Energy, LLCSupreme Court of Delaware · 2004
- Harold Kraft v. Wisdomtree Investments, Inc.Court of Chancery of Delaware · 2016
- Auriga Capital Corp. v. Gatz Properties, LLCCourt of Chancery of Delaware · 2012
96 more not listed; retrieve them via the Exa API.