Legal Opinion

Carroll v. Cohen

Superior Court of Delaware

Decided May 21, 1914PublishedCited by 9 opinions

Action by William F. Carroll against Manuel Cohen and another, now or late trading as Cohen and Finkelstein. Action of Covenant (No. 126, September Term, 1913), to recover balance alleged to be due on a written contract entered into between the plaintiff and the defendants, whereby plaintiff was to perform the duties of manager of the store of the defendants for a period of one year from the fourteenth day of April, 1913, to the fourteenth day of April, 1914, at a salary…

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Action by William F. Carroll against Manuel Cohen and another, now or late trading as Cohen and Finkelstein. Action of Covenant (No. 126, September Term, 1913), to recover balance alleged to be due on a written contract entered into between the plaintiff and the defendants, whereby plaintiff was to perform the duties of manager of the store of the defendants for a period of one year from the fourteenth day of April, 1913, to the fourteenth day of April, 1914, at a salary payable monthly as stipulated in the contract. Verdict for plaintiff. The facts and contentions of the parties appear in…

1Opinion of the Court

Rice, J.,

charging the jury:

[1] Gentlemen of the jury:—The action is one of covenant and the form of the action is a proper one to bring for the recovery of damages for the breach of a contract under seal.

It is claimed by the plaintiff and admitted by the defendants that the following contract under seal was entered into by the parties to the present action.

“Articles of agreement, made this twelfth day of April, A. D. 1913, between Manuel Cohen and Isaac B. Finkelstein, both of the City of Wilmington and State of Delaware, merchants and co-partners under the firm name and style of Cohen and…

2Cited by9 opinions

  1. Lipson v. Anesthesia Services, P.A.Superior Court of Delaware · 2001
  2. Louisiana Sulphur Carriers, Inc. v. Gulf Resources & Chemical Corp.District Court, D. Delaware · 1971
  3. Burger v. Level End Dairy Investors (In Re Burger)United States Bankruptcy Court, D. Delaware · 1991
  4. Reardon v. Exchange Furniture Store, Inc.Supreme Court of Delaware · 1936
  5. Emmett S. Hickman Co. v. Emilio Capaldi Developer, Inc.Superior Court of Delaware · 1969

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