Legal Opinion

Della Corporation v. Diamond

Supreme Court of Delaware

Decided May 26, 1965No. 103PublishedCited by 23 opinions

1Opinion of the Court

WOLCOTT, Chief Justice.

This is an appeal from a judgment of the Superior Court declaring an agreement to operate a bar and restaurant to be illegal and void; awarding damages to the plaintiff, and denying to the defendant any compensation for the use of certain premises for a period of time. The defendant below appeals.

The defendant, Della Corporation, is the owner of the De La Warr Hotel situated near Wilmington. In April, 1962, it entered into an agreement with the plaintiff, Diamond. The agreement in form is a managerial agreement under which Diamond agreed to manage and operate Della…

2Cases cited4 opinions

  1. E. A. Strout Co. v. HowellSupreme Court of Delaware · 1913
  2. Eisenman v. SeitzCourt of Chancery of Delaware · 1942
  3. Warrington v. HignuttSuperior Court of Delaware · 1943
  4. Leshem v. LeshemCourt of Chancery of Delaware · 1949

3Cited by23 opinions

  1. Patel v. Comm'rUnited States Tax Court · 2012
  2. Estate of Phyllis Malkin v. Wells Fargo Bank, NACourt of Appeals for the Eleventh Circuit · 2021
  3. Wilmington Housing Authority v. Following Parcel of LandSupreme Court of Delaware · 1966
  4. McMahon v. Anderson, Hibey and BlairDistrict of Columbia Court of Appeals · 1999
  5. Rollins Cablevue, Inc. v. McMahonSuperior Court of Delaware · 1976

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