Slemmer's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Montgomery county: In Equity. To January Term, No. 238. This was a hill filed March 12th 1866, by Henry T. Slemmer against Jacob 0. Slemmer, William Slemmer and Charles Slemmer. * The bill set out: — that the plaintiff and defendants, on the 5th of January 1861, entered into articles of partnership, for the mining and sale or refining of petroleum.
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Appeal from the decree of the Court of Common Pleas of Montgomery county: In Equity. To January Term, No. 238. This was a hill filed March 12th 1866, by Henry T. Slemmer against Jacob 0. Slemmer, William Slemmer and Charles Slemmer. * The bill set out: — that the plaintiff and defendants, on the 5th of January 1861, entered into articles of partnership, for the mining and sale or refining of petroleum. Amongst other stipulations were:— “4. If any member desires to leave the company, he shall be permitted to do so upon agreement between all the members as to the value of his interest in the…
1Opinion of the Court
The opinion of the court was delivered, May 7th 1868, by
Sharswood, J.
The main question which arises on this record and which has been fully discussed, both in the oral and printed arguments, is, whether the articles of copartnership, dated January 5th 1861, were abrogated by the lease of June 5th 1862.
That there is any express agreement to supersede or annul them has not been and cannot be pretended. It is alleged, that before the lease or the verbal agreement for it, the business of the partnership had been that of miners, not refiners. But the original articles expressly contradict this…
2Cases cited1 opinion
- Mason v. ConnellSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
- Barnes & Tucker Co. v. Bird Coal Co.Supreme Court of Pennsylvania · 1939
- Hankin v. HankinSuperior Court of Pennsylvania · 1980
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Dalzell v. LewisSupreme Court of Pennsylvania · 1916
- Potter v. BrownSupreme Court of Pennsylvania · 1937
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