Haven Fund v. Thompson Door Co.

STIFTEL, President Judge.

10 Del.C. § 3904 was amended July 1, 1973, to allow partnerships to sue and be sued under the partnership name. Prior to *575the amendment, on February 23, 1973, Haven Fund filed an action in the Court of Chancery seeking specific performance or damages of $100,000 for breach of an agreement of defendant to repurchase from Haven Fund 12,500 shares of its own common stock, which plaintiff had purchased from defendant a short time before. The Court of Chancery dismissed the action because it was filed “primarily for the recovery of money” and that there was “no other basis…