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WELLDON v. CAPANO REALTY, INC.

225 A.2d 486 (1966)

P. Burke WELLDON, Marjorie V. Welldon, Ronald W. Beecher and Ethel G. Beecher, Plaintiffs, v. CAPANO REALTY, INC., and Mary Sander Walker, Harry B. Roberts, Jr., Joseph Dayton and Robert Daniello, Defendants.

Court of Chancery of Delaware, New Castle.

December 29, 1966.

Attorney(s) appearing for the Case

William Prickett, Jr., of Prickett & Prickett, Wilmington, for plaintiffs.

Henry N. Herndon, of Morris, James, Hitchens & Williams, Wilmington, for defendant Capano Realty Co., Inc.

Clarence W. Taylor, Wilmington, for the members of the Levy Court.

MARVEL, Vice Chancellor:

On April 27, 1966, the defendant Capano Realty Co., Inc. and Mary Walker entered into a contract under the terms of which the latter agreed to sell to the former 6.7952 acres of land owned by her on the Lancaster Pike opposite Old Wilmington Road, the amount of land involved in said agreement of sale being established by a survey of Marvin S. Smith made in August, 1962. The prospective buyer made...

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