Holladay v. General Motors Corp.

2 Citing cases

  1. Bayard, et al. v. Martin

    34 Del. Ch. 184 (Del. 1953)   Cited 23 times
    In Bayard, the preliminary injunctive relief requested was of the same character that the court was asked to grant finally.

    Allied Chemical Dye Corp. v. Steel Tube Co., 14 Del. Ch. 117, 122-123, 122 A. 142; 28 Am.Jur., 250; Daniell's Chancery Pleading and Practice, (6 th Am.Ed.) Vol. 2, p. 1664. The probability of ultimate success, being of obvious practical importance, is one of the elements which must always be weighed in the balance, along with the probability of any harm to be suffered by one party or the other on account of giving the requested temporary relief, or withholding it, as the case may be. Belle Isle Corporation v. Mac Bean, 29 Del. Ch. 261, 263-264, 49 A.2d 5; Holladay v. General Motors Corp., 28 Del. Ch. 378, 385, 43 A.2d 844; Allied Chemical Dye Corp. v. Steel Tube Co., supra. But "probability of success" in what court? Plaintiffs' brief states that their arguments establish the probability that plaintiffs will win in either the Superior Court or in the Court of Chancery on final hearing.

  2. Gropper v. North Central Texas Oil Co.

    114 A.2d 231 (Del. Ch. 1955)   Cited 12 times

    The offered price is the highest firm offer ever made for any of defendant's stock, publicly or privately. Since stockholders were first notified of the offer on February 3, a higher firm offer has not materialized. An application for a preliminary injunction imposes on the plaintiff the burden of showing a reasonable probability of ultimate success, Belle Isle Corporation v. MacBean, 29 Del. Ch. 261, 49 A.2d 5; Holladay v. General Motors Corporation, 28 Del. Ch. 378, 43 A.2d 844; Sandler v. Schenley Industries, 32 Del. Ch. 46, 79 A.2d 606. This rule applies whether the improbability of ultimate success is a question of law or a question of fact. Otherwise a plaintiff might expect to obtain a preliminary injunction by merely supporting his complaint for injunction by a sworn statement, Allied Chemical Dye Corporation v. Steel Tube Co., 14 Del. Ch. 117, 122 A. 142.