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DELLA CORPORATION v. DIAMOND

210 A.2d 847 (1965)

DELLA CORPORATION, a corporation of the State of Delaware, Defendant Below, Appellant, v. John DIAMOND, t/a The Flagship Restaurant, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Reargument Denied June 14, 1965.

Attorney(s) appearing for the Case

Arthur J. Sullivan, Wilmington (of Morris, James, Hitchens & Williams), Wilmington, for appellant.

Victor F. Battaglia, Wilmington (of Theisen and Lank), Wilmington and Sotiere Kapsalis, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from a judgment of the Superior Court declaring an agreement to operate a bar and restaurant to be illegal and void; awarding damages to the plaintiff, and denying to the defendant any compensation for the use of certain premises for a period of time. The defendant below appeals.

The defendant, Della Corporation, is the owner of the De La Warr Hotel situated near Wilmington. In April, 1962, it entered into an agreement...

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