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HAMMOND & TAYLOR, INC. v. DUFFY TINGUE CO.

161 A.2d 238 (1960)

HAMMOND & TAYLOR, INC., a corporation of the State of Delaware, Plaintiff, v. DUFFY TINGUE CO., a corporation of the State of Delaware, H. Eugene Savery, Executor of the Estate of Olin G. Tingue and Robert E. Hickman and Harry B. Tingle, trading as Emmett S. Hickman Co., a partnership, Defendants.

Court of Chancery of Delaware, New Castle.

May 11, 1960.

Attorney(s) appearing for the Case

Edmund D. Lyons and Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

H. Eugene Savery, Wilmington, for defendants, Duffy Tingue Co. and H. Eugene Savery, Executor.

William Foulk and Robert W. Wakefield, Wilmington, for defendants, Robert E. Hickman and Harry B. Tingle, trading as Emmett S. Hickman Co.

SEITZ, Chancellor.

Plaintiff, Hammond & Taylor, Inc. ("plaintiff") brought this action to reform a certain written agreement and thereafter to obtain the return of a $2,500 deposit made in connection with the execution thereof. The agreement was with the defendant, Duffy Tingue Co. ("defendant") to purchase for $25,000 the defendant's retail heating oil distributing business and assets, including the good will. The defendant's agent Emmett S. Hickman Company,...

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