Legal Opinion

Garber v. Whittaker

Court of Chancery of Delaware

Decided July 27, 1938PublishedCited by 10 opinions

1Opinion of the Court

The Chancellor:

The first ground of demurrer is that the bill presents a misjoinder of causes of action. I do *48not think so. All the items of the complainant’s demands arise out of the agreement. It is the common source from which they all flow.

It is next objected that the case made by the bill is not such as entitles the complainant to relief in a court of equity. If so, the complainant is without relief anywhere. I say this because the complainant sought a remedy on this Very agreement for this very cause of action, in the Superior Court of this State, which is of course the appropriate legal…

2Cases cited2 opinions

  1. Garber v. WhittakerSuperior Court of Delaware · 1934
  2. Childs v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1915

3Cited by10 opinions

  1. Monroe Park v. Metropolitan Life InsuranceSupreme Court of Delaware · 1983
  2. Coca-Cola Bottling Co. of Elizabethtown, Inc. v. Coca-Cola Co.District Court, D. Delaware · 1988
  3. Bay Newfoundland v. Wilson Co.Court of Chancery of Delaware · 1939
  4. Vredenburgh v. JonesCourt of Chancery of Delaware · 1975
  5. Bay Newfoundland Co. v. Wilson & Co.Court of Chancery of Delaware · 1939

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