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duPONT v. AMERICAN LIFE INSURANCE COMPANY

187 A.2d 421 (1963)

A. Felix duPONT, Jr., and Henry B. duPont, Partners, T/A Rodney Real Estate Associates, Plaintiffs. v. AMERICAN LIFE INSURANCE COMPANY, a corporation of the State of Delaware, Bank of Delaware, a corporation of the State of Delaware, as Trustee under the Will of Christopher L. Ward, and Rodman B. Ward, Carole Clay Ward, Esther Ward Kimball, Alison Ward Burdick, Charles P. MacArthur, Jr., Mary MacArthur Bartlett, Mary Govan Billups, and all unknown persons claiming any right, title or interest in or to the lands and premises situate at 12th and Market Streets, Wilmington, Delaware, Defendants.

Court of Chancery of Delaware, New Castle.

January 8, 1963.

Attorney(s) appearing for the Case

Henry M. Canby and Richard J. Abrams of Richards, Layton & Finger, Wilmington, for plaintiffs.

Benjamin N. Brown and Richard J. Baker, Wilmington, and Frank G. Sterritte, New York City, for defendant, American Life Insurance Company.

Frank J. Miller, of Foulk, Walker, Miller & Wakefield, Wilmington, Guardian ad litem for unknown minor defendants.

SEITZ, Chancellor.

Plaintiffs are seeking to quiet title to a parcel of real estate at the southwest corner of 12th and Market Streets in Wilmington on which the Elks Club and Rodney Hotel were formerly located. Defendant American Life Insurance Company ("American") is a prospective purchaser of this parcel from the aforesaid plaintiffs under a written contract dated April 23, 1962. American has refused to consummate the contract on the ground that plaintiffs do not...

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