BRANMAR THEATRE CO. v. BRANMAR, INC.


264 A.2d 526 (1970)

BRANMAR THEATRE CO., a Delaware corporation, Plaintiff, v. BRANMAR, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

March 24, 1970.


Attorney(s) appearing for the Case

David Snellenburg, II, Esquire, of Killoran & VanBrunt, Wilmington, for plaintiff.

John T. Gallagher, and George F. Gardner, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant.


SHORT, Vice Chancellor.

This is an action for a declaratory judgment in which plaintiff seeks to enjoin defendant from cancelling a lease agreement previously executed by the parties. Defendant, by its answer, prays the court to find that it was entitled to treat the lease agreement as terminated because of a violation of a covenant therein prohibiting assignment by the lessee. This is the decision after final hearing.

Plaintiff was incorporated under the...

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