Wiswall v. General Waterworks Corp.

Seitz, Vice Chancellor:

The sole issue is whether a certain written communication by a stockholder constitutes a sufficient objection in writing to the proposed merger for purposes of the appraisal statute.

The appraisal statute, being Section 61 of the General Corporation Law, Rev. Code 1935, § 2093, as amended 44 Del. Laws, c. 125, § 6, requires a stockholder who desires an appraisal of his shares in lieu of going along with a merger to file, inter alla, a “written objection with the corporation before the taking of the vote on such consolidation or merger.” The sole question presented is…