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

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


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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