HUDSON v. WESLEY COLLEGE, INC., 734 A.2d 641 (Del. 1999)

Hudson v. Wesley College, Inc.

No. 29, 1999.Supreme Court of Delaware.
June 30, 1999.

Appeal from the Chancery Court, Kent County, CA 1211.

AFFIRMED.

Unpublished Opinion is below.

DR. KEITH HUDSON, Plaintiff Below, Appellant, v. WESLEY COLLEGE, INC. and DR. REED M. STEWART, Defendants Below, Appellees. No. 29, 1999. Supreme Court of Delaware. Submitted: June 29, 1999. Decided: June 30, 1999.

Appeal from Court of Chancery of the State of Delaware in and for Kent County, C.A. No. 1211

Before WALSH, HOLLAND, and BERGER, Justices.

ORDER
This 30th day of June, 1999 upon consideration of the briefs of the parties it appears to the Court as follows:

(1) This is an appeal from a Court of Chancery determination that the appellant, Dr. Keith Hudson (“Hudson”), was not entitled to damages or reinstatement with tenure on the faculty at appellee, Wesley College, Inc. (“Wesley”). The Court of Chancery decision followed trial in which the court made factual determinations concerning the credibility of witnesses and the sufficiency of the evidence. Prior to trial, the Court of Chancery also determined that, as a matter of law, in making its tenure decision, Wesley was entitled to consider the financial effect on the college.

(2) Upon a careful review of the record, we are satisfied that the Court of Chancery’s conclusion that Wesley did not breach its contract with the appellant is legally correct. To the extent that the Court of Chancery’s decision in favor of Wesley and appellee, Dr. Reed M. Stewart, turns on factual determinations, particularly those involving credibility, we conclude that its findings are clearly supported by the evidence.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of Chancery be, and the same hereby is,

AFFIRMED.
BY THE COURT:

Joseph T. Walsh, Justice