CITIES SERVICE COMPANY v. GARDINIER, INC.


344 A.2d 254 (1975)

CITIES SERVICE COMPANY, Plaintiff, v. GARDINIER, INC., Defendant.

Superior Court of Delaware, New Castle.

July 31, 1975.


Attorney(s) appearing for the Case

E. N. Carpenter, of Richards, Layton & Finger, Wilmington, Cleary, Gottlieb, Steen & Hamilton, New York, of counsel, for plaintiff.

Richard F. Corroon, of Potter, Anderson & Corroon, Wilmington, Cravath, Swaine & Moore, New York City, of counsel, for defendant.


OPINION

WALSH, Judge.

This is an action instituted by plaintiff, Cities Service Company (Cities), seeking $730,160 in damages from defendant, Gardinier, Inc., (Gardinier) for breach of contract. The parties have filed cross-motions for summary judgment.

On January 19, 1973, Cities, Gardinier and Societe des Participations Gardinier, defendant's parent corporation, entered into an agreement providing for the sale to Gardinier of Cities' fertilizer...

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