Legal Opinion

Philadelphia Storage Battery Co. v. Radio Corp. of America

Court of Chancery of Delaware

Decided July 8, 1936Published

1Opinion of the Court

The Chancellor :

The demurrer raises the question of whether certain of the allegations of the cross-bill offend *254against the rule requiring particularity in pleading. The challenged allegations assign breaches of the agreement by the cross-defendant. The question is whether the breaches are assigned with sufficient particularity.

The general rule is that it is sufficient to assign a breach in the words of the contract. It is unnecessary to look beyond our own jurisdiction for authority in support of the rule. Randel v. President, etc., of Chesapeake & Delaware Canal, 1 Har. 151; Mayor and…

2Cases cited1 opinion

  1. Mayor of New Castle v. TomanSuperior Court of Delaware · 1913

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