Philadelphia Storage Battery Co. v. Radio Corp. of America
Court of Chancery of Delaware
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
- Mayor of New Castle v. TomanSuperior Court of Delaware · 1913