Bank of Delaware v. Claymont Fire Co. No. 1

MOORE, Justice.

The Bank of Delaware as Trustee under the will of Albert T. Hanby, who died in 1947, appeals the Court of Chancery’s grant of summary judgment to Claymont Fire Company No. 1 (the Fire Company), dismissing the Trustee’s petition seeking either to reform or terminate a lease between the parties. The Vice Chancellor ruled that the suit was without merit and, in the interests of justice and judicial economy, granted summary judgment in defendant’s favor even though the Fire Company had not so moved. Thus, we address for the first time under Delaware law the question of a trial…