Legal Opinion
Huyler's v. Ritz-Carlton Restaurant & Hotel Co. of Atlantic City
District Court, D. Delaware
Decided September 8, 1924No. 4PublishedCited by 15 opinions
1Opinion of the Court
MORRIS, District Judge.
Reiving upon Woolley’s Delaware Practice, §§ 431-435, and Gulf, C. & S. F. Ry. Co. v. Cities Service Co. (D. C.) 270 Fed. 994, the defendant moves that the declaration filed in this suit at law of Huyler’s against “the Ritz-Carlton Restaurant & Hotel Company of Atlantic City” be stricken out upon the ground that there is a variance between the writ, which is in case, and the declaration, which, as the plaintiff contends, sets up facts that may be pleaded only in an action in covenant. The plaintiff, without questioning the mode by which the defendant objects to the…
2Cases cited7 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Barker v. SartoriWashington Supreme Court · 1911
- Smith v. SmithSupreme Court of Vermont · 1873
- Briggs v. Vt. Central RailroadSupreme Court of Vermont · 1858
- Carrier & Baum v. DilworthSupreme Court of Pennsylvania · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Siaca v. DCC Operating, Inc.Court of Appeals for the First Circuit · 2007
- USX Corp. v. Prime Leasing Inc.Court of Appeals for the Third Circuit · 1993
- In Re Teligent, Inc.United States Bankruptcy Court, S.D. New York · 2001
- Four-Three-O-Six Duncan Corp. v. Security Trust Co.Supreme Court of Missouri · 1963
- Philip Services Corp. v. Luntz (In Re Philip Services (Delaware) Inc.)United States Bankruptcy Court, D. Delaware · 2002
10 more not listed; retrieve them via the Exa API.