Wolf v. Globe Liquor Co.

Seitz, Vice-Chancellor:

The same day the plaintiff filed this action for an accounting against the defendant he filed an action for an accounting against the same defendant in the Superior Court of this State. Both causes admittedly involved a breach of the same alleged contract. A motion of the defendant to dismiss the complaint in this court for lack of jurisdiction was denied. See Wolf v. Globe Liquor Company, ante p. 286, 59 A. 2d 276. Thereafter, by way of a separate defense in its answer the defendant set forth facts showing the substantial identity of the law action and the present…