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TRUSTEES OF NEW CASTLE COMMON v. GORDY

93 A.2d 509 (1952)

TRUSTEES OF NEW CASTLE COMMON v. GORDY et al.

Supreme Court of Delaware.

December 13, 1952.

Attorney(s) appearing for the Case

Edward W. Cooch, Jr., of Wilmington, for plaintiff.

Albert W. James (of Hering, Morris, James & Hitchens), of Wilmington, for defendants Elva S. Gordy and Ralph E. Gordy.

H. Albert Young, Atty. Gen., pro se.

SOUTHERLAND, Chief Justice, TUNNELL, Justice, and HERRMANN, Judge, sitting.

SOUTHERLAND, Chief Justice.

Trustees of the New Castle Common, a corporation (herein "plaintiff"), brought suit in the Court of Chancery against Elva S. Gordy and Ralph E. Gordy (herein "defendants") for the specific performance of a contract by which plaintiff has agreed to sell and defendants have agreed to buy certain land owned by plaintiff. Defendants have refused to perform the contract, asserting that plaintiff is without power to convey good title to the land...

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