Hunt v. DelCollo

BROWN, Vice Chancellor.

Defendants in this action have moved to dismiss under Rule 12, Del.C.Ann., on the grounds that the complaint fails to state a claim upon which relief may be granted, and also for the additional reasons that the Court lacks jurisdiction, that Plaintiffs are guilty of laches and for failure of Plaintiffs to join an indispensable party. Defendants concede that for the purpose of their motions, the facts well pleaded by the complaint must be accepted as true. Hessler, Inc. v. Ellis, 39 Del.Ch. 517, 167 A.2d 848 (1961). The basic facts thus admitted are as follows.

During…