Lebanon Valley St. Ry. Co. v. Michlovitz

Per Curiam,

May 22,1933:

This appeal is from refusal of judgment n. o. v. and a new trial, and from judgment for plaintiff in an action to secure payment for scrap rails, etc., purchased by defendants from plaintiff under two contracts in writing.

Subsequent to sale and delivery of the scrap iron and after part payment therefor, “all the corporate rights, privileges and franchises” and the real property of plaintiff company were sold under a mortgage foreclosure. Defendants resist payment of the balance claimed to be due under their contracts on the grounds that, first, the amount claimed was…