Legal Opinion

Corgan v. George F. Lee Coal Co.

Supreme Court of Pennsylvania

Decided May 27, 1907No. Appeal, No. 335PublishedCited by 26 opinions

Appeal, No. 335, Jan. T., 1906, by plaintiff, from order of O. P. Luzerne Co., May T., 1904, No. 271, refusing to take off nonsuit in case of Michael II. Corgan v. The George F. Lee Coal Company. Assumpsit for breach of contract of employment, and also to recover undivided profits. Before Halsey, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.

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Appeal, No. 335, Jan. T., 1906, by plaintiff, from order of O. P. Luzerne Co., May T., 1904, No. 271, refusing to take off nonsuit in case of Michael II. Corgan v. The George F. Lee Coal Company. Assumpsit for breach of contract of employment, and also to recover undivided profits. Before Halsey, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from the refusal to take off a judgment of compulsory nonsuit. Complaint is also made of the rejection of certain evidence, offered to show the withholding of dividends or profits alleged to be due to appellant. The plaintiff was employed as “inside foreman” by the defendant, a corporation operating a colliery. He was engaged at a salary of $125 a month, under a contract which provided that his appointment was to be “ for so long a time up to five years, that said M. H. Corgan satisfactorily performs his duties as foreman for said company.”…

2Cases cited5 opinions

  1. Koehler v. BuhlMichigan Supreme Court · 1893
  2. Rossiter v. CooperSupreme Court of Vermont · 1851
  3. Brew v. HastingsSupreme Court of Pennsylvania · 1903
  4. Coleman v. Columbia Oil Co.Supreme Court of Pennsylvania · 1865
  5. Allentown Iron Co. v. McLaughlinSupreme Court of Pennsylvania · 1889

3Cited by26 opinions

  1. Sherwood v. ElgartSupreme Court of Pennsylvania · 1955
  2. State Hospital for Criminal Insane v. Consolidated Water Supply Co.Supreme Court of Pennsylvania · 1920
  3. Opperman's Estate (No. 1)Supreme Court of Pennsylvania · 1934
  4. Taylor v. Churchill Valley Country ClubSupreme Court of Pennsylvania · 1967
  5. Green v. Philadelphia Inquirer Co.Supreme Court of Pennsylvania · 1937

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