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HESSLER, INC. v. ELLIS

167 A.2d 848 (1961)

HESSLER, INC., a corporation of the State of Delaware, Plaintiff, v. Abraham M. ELLIS, Herman M. Ellis, Martin B. Ellis, Sidney H. Ellis, copartners, trading as A. M. Ellis Theatres Co., Defendant.

Court of Chancery of Delaware, New Castle.

February 10, 1961.

Attorney(s) appearing for the Case

Albert W. James and Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Aubrey B. Lank, of Theisen & Lank, Wilmington, for defendant.

SEITZ, Chancellor.

Plaintiff, Hessler, Inc. ("plaintiff") filed a complaint seeking to reform certain instruments or, in the alternative, to have them rescinded and cancelled. The four co-partners, trading as A. M. Ellis Theatres Co. ("defendant"), have moved to dismiss for failure to state a claim and for failure to join indispensable parties. This is the decision on that motion.

Since the factual allegations of...

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