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AIKEN v. NATIONAL FIRE SAFETY COUNSELLORS

127 A.2d 473 (1956)

Robert L. AIKEN et al., Plaintiffs, v. NATIONAL FIRE SAFETY COUNSELLORS, a corporation of the State of New Jersey, Budget Charge Accounts, Inc., a corporation of the State of New York and National Finance and Discount Corporation, a corporation of the State of New Jersey, Defendants.

Court of Chancery of Delaware, New Castle.

December 6, 1956.

Attorney(s) appearing for the Case

George L. Sands, of Morford & Bennethum, Wilmington, for plaintiffs.

Aaron Finger, of Richards, Layton & Finger, Wilmington, Milton Kunen and Frances Bernstein, of Kaye, Scholer, Fierman & Hays, New York City, for defendant Budget Charge Accounts, Inc.

John M. Bader, of Balick & Bader, Wilmington, for defendants National Fire Safety Counsellors and National Finance and Discount Corp.

SEITZ, Chancellor.

This involves the strange business of an attorney disclaiming authority to settle the claims of over one hundred plaintiffs after he clearly purported to do so in open court.

Some 180 plaintiffs (husbands and wives) brought this action seeking to rescind contracts under which the defendant, National Fire Safety Counsellors, installed fire detection devices in their homes. Plaintiffs alleged fraud and sought to have their notes cancelled...

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