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GRACELAWN MEM. PK., INC. v. EASTERN MEM. CONSULT., INC.

280 A.2d 745 (1971)

GRACELAWN MEMORIAL PARK, INC., a Delaware corporation, Plaintiff, v. EASTERN MEMORIAL CONSULTANTS, INC., a Delaware corporation, and Robert T. Nuckolls, Defendants.

Court of Chancery of Delaware, New Castle County.

July 12, 1971.

Attorney(s) appearing for the Case

H. James Conaway, Jr., and Jack B. Jacobs, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff.

Richard L. Sutton, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendants.

MARVEL, Vice Chancellor:

Plaintiff, which owns and operates a private cemetery in this county, seeks a declaratory judgment holding that the defendants Eastern Memorial Consultants, Inc. and Robert T. Nuckolls, Eastern's president and sole stockholder, are contractually bound to perform services for plaintiff in connection with the sale of the latter's cemetery lots, mausoleums, grave markers and the like, over and above those undertakings contracted for in a May...

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