Pocono Spring Water Ice Co. v. American Ice Co.
Supreme Court of Pennsylvania
Appeal, No. 218, Jan. T., 1905, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1903, No. 3, on verdict for plaintiff in case of The Pocono Spring Water Ice Company v. The American Ice Company. At the trial it appeared that the Pocono Spring. Water Ice! Company was incorporated on October 7, 1895, and that the certificate for its charter contained the following clauses: “ 2. Said corporation is formed for the purpose of erecting a dam on Tunkhannock creek in.
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Appeal, No. 218, Jan. T., 1905, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1903, No. 3, on verdict for plaintiff in case of The Pocono Spring Water Ice Company v. The American Ice Company. At the trial it appeared that the Pocono Spring. Water Ice! Company was incorporated on October 7, 1895, and that the certificate for its charter contained the following clauses: “ 2. Said corporation is formed for the purpose of erecting a dam on Tunkhannock creek in. Tobyhanna township, Monroe county, Pennsylvania, for pleasure boating, skating, fishing and the cutting, storing and selling…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit to recover damages for the breach of the defendant company’s covenant in the contract between it and the plaintiff company .to perform the agreement which the latter had made with Van Orden Brothers to furnish ice to them during the seasons of 1899 and 1900. The defendant did not deny its covenant nor the failure to observe it. It however set up several defenses which the learned court below correctly held to be insufficient and the jury was instructed to render a verdict for the plaintiff. It is not necessary to discuss…
2Cases cited9 opinions
- May v. SloanSupreme Court of the United States · 1879
- Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
- Roig v. TimSupreme Court of Pennsylvania · 1883
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- Fame Insurance Co.'s AppealSupreme Court of Pennsylvania · 1877
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