MODERN DUST BAG CO. v. COMMERCIAL TRUST CO.


104 A.2d 378 (1954)

MODERN DUST BAG CO., Inc. v. COMMERCIAL TRUST CO.

Court of Chancery of Delaware, New Castle.

April 7, 1954.


Attorney(s) appearing for the Case

Daniel O. Hastings and Clarence W. Taylor (of Hastings, Stockly & Walz), Wilmington, for plaintiff.

Thomas Herlihy, Jr., Morris Cohen Wilmington, for defendant.


BRAMHALL, Vice Chancellor.

Plaintiff had been purchasing from Franklin Mills, Inc. (hereinafter designated as "Franklin"), a certain kind of paper used by plaintiff and manufactured exclusively by defendant. In making deliveries it was a practice for Franklin to deliver the paper purchased by plaintiff to the Wilmington Marine Terminal and draw invoices against plaintiff in favor of Franklin for the purchase of the paper...

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