Northern Delaware Industrial Development Corp. v. E.W. Bliss Co.

245 A.2d 431 (1968)

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Northern Delaware Industrial Development Corp. v. E.W. Bliss Co.

Delaware Court of Chancery
245 A.2d 431 (1968)

  • Written by Rose VanHofwegen, JD
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Facts

E.W. Bliss Company (defendant) contracted with the Northern Delaware Industrial Development Corporation and Phoenix Steel Corporation (plaintiffs) to modernize a steel plant. The work progressed more slowly than anticipated, requiring one of Phoenix’s steel mills to be shut down. Phoenix sought a court order to compel Bliss to bring in 300 more workers to make up a second shift, as the contract required. The court refused, finding it inappropriate, if not impossible, to mandate that Bliss keep a specific number of workers on the job at a steel mill undergoing extensive modernization. Phoenix requested reargument, claiming all it sought was an order directing a ministerial act by requiring Bliss to hire more workers, not specific performance of the contract.

Rule of Law

Issue

Holding and Reasoning (Marvel, J.)

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