In Re Ivey & Ellington, Inc.

Harrington, Chancellor:

There has been no corporate election since February 1st, 1943, and the petitioner’s right to a summary order, directing that a stockholders’ meeting be held for the election of directors, is not denied. The sole question is whether three or five directors shall be elected at that meeting. The by-laws provide that a stockholders’ meeting shall be held on February 1st of each year and that only three directors shall be elected. At the meeting held February 1st, 1943, five directors, including Ivey and Ellington, were, however, elected, and all but one have continued to…