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GENERAL FOODS CORPORATION v. CRYO-MAID, INC.

194 A.2d 43 (1963)

GENERAL FOODS CORPORATION, a Delaware corporation, Plaintiff, v. CRYO-MAID, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

September 20, 1963.

Attorney(s) appearing for the Case

Arthur G. Connolly, of Connolly, Bove & Lodge, Wilmington, and Albert L. Cuff and Michael Quillinan, White Plains, N. Y. for plaintiff.

William S. Potter, of Berl, Potter & Anderson, Wilmington, and G. Gale Roberson, of Arvey, Hodes & Mantynband, Chicago, Ill., for defendant.

MARVEL, Vice Chancellor.

Last May 13 plaintiff filed a complaint in this court in which it prayed for the entry of a declaratory judgment establishing the contractual rights and obligations of both plaintiff and defendant under an agreement entered into between them on November 13, 1962. The complaint does not allege that the agreement is ambiguous per se, the prime stated purpose of the suit being to obtain a judgment to the effect that plaintiff owes no further...

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