Shober's Administrators v. Lancaster County Park Ass'n
Supreme Court of Pennsylvania
May 3d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Lancaster county: Of May Term 1871, No. 69. This was an action of assumpsit, commenced September 21st 1869, in which there was a case stated between The Lancaster County Agricultural Park Association, plaintiffs, and Catharine Shober and John A. Shober, administrators, &c., of Emanuel Shober, deceased, defendants.
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May 3d 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Lancaster county: Of May Term 1871, No. 69. This was an action of assumpsit, commenced September 21st 1869, in which there was a case stated between The Lancaster County Agricultural Park Association, plaintiffs, and Catharine Shober and John A. Shober, administrators, &c., of Emanuel Shober, deceased, defendants. The claim of the plaintiff was founded on the following paper signed by the decedent with a number of other persons, about September 26th 1868. “We, the undersigned, agreed…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
The judgment of the court below in this case is fully sustained in the Academy of Edinboro’ v. Robinson, 1 Wright 210. The contracts in both were a positive promise to pay certain sums of money to accomplish a specified object, viz.: in the first to build an academy, and in the last to purchase grounds for an agricultural park. In both subscriptions the associators contemplated the procurement of charters of incorporation. In the former, the court held that the corporation, when organized, became the legal trustee of the funds…
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