Hyperlawhypertext legal databasebeta Breakwater Fisheries Co. v. Commissioners of Lewes 14 Del. Ch. 433

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Breakwater Fisheries Co. v. Commissioners of Lewes

14 Del. Ch. 433 Court Supreme Court, on Appeal, Decision date 1923-01-16 English

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p. 433
Breakwater Fisheries Company, a corporation of the State of Delaware, and Thomas H. Hayes and Raymond J. Anderton trading as Hayes and Anderton, Defendants Below, Appeallants, vs. Commissioners of Lewes, a Municipal Corporation of the State of Delaware, Complainant Below, Appelee.
Supreme Court, on Appeal,
Jan. 16, 1923.

Headnote

Appeal From Court of Chancery. The defendants below took an appeal to this court from a decree entered in the court below in accordance with the opinion of the Chancellor, reported in 13 Del. Ch. 234 , 117 Atl. 823 . The facts of the case are fully set forth in the report of the case below.
Pennewill, C. J., and Rice, Harrington, Richards and Rodney, JJ., sitting.
James M. Tunnel, for the appellants.
Caleb S. Layton, for the appellee.

. In the above case the decree of the Chancellor will be affirmed. In the Chancellor’s opinion all the questions raised are so fully considered any opinion of this court would necessarily be largely repetition. We have carefully examined every question of law and fact involved in the casé, and are clearly of the opinion that the decision of the Chancellor is correct. But while affirming his decree we express no opinion on-that part of the opinion in which he holds that there was such part performance of the contract on the part of the complainant as to remove the inhibition of the statute of frauds. It was not necessary in the decision of the case to pass upon that point, and we are not to be understood as doing so in affirming his decree.

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