Bronson v. Bagdad Copper Corp.

Seitz, Chancellor:

This court filed an opinion on October 1, 1958, granting defendant’s motion to dismiss plaintiff’s one count complaint, Bronson v. Bagdad Copper Corp., ante p. 485, 145 A.2d 216. The plaintiff was then granted leave to file an amended complaint adding a second count. It is agreed that the prior opinion disposes of the first count. Defendant has also moved to dismiss the second count for failure to state a claim and this is the decision thereon.

*569To avoid restating the facts in full I shall assume that the reader has read the prior opinion.

Under the first count plaintiff asked…