Everhart's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Luzerne county: In Equity: Of July Term, 1883, No. 75. This was an appeal by John T. Everhart from a decree of said court sustaining a bill in equity filed by James M. Ever-hart against John T. Everhart, his brother, and requiring the defendant to pay to the plaintiff the sum of $37,878.27, with interest, and to transfer to him 1666 shares of stock of the Everhart Coal Company, of the par value of $12.50 per share.
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Appeal from the Court of Common Pleas of Luzerne county: In Equity: Of July Term, 1883, No. 75. This was an appeal by John T. Everhart from a decree of said court sustaining a bill in equity filed by James M. Ever-hart against John T. Everhart, his brother, and requiring the defendant to pay to the plaintiff the sum of $37,878.27, with interest, and to transfer to him 1666 shares of stock of the Everhart Coal Company, of the par value of $12.50 per share. The bill, filed June 23, 1874, set forth, in substance, that in the year 1853 the plaintiff and the defendant entered into a partnership,…
1Opinion of the CourtJustice Green
The plaintiff’s bill alleges a partnership with the defendant in the business of carrying on a farm and buying and selling *354lands, and asks for an account of profits and a decree for the payment of his share. So far as his claim embraces transactions in the purchase and. sale of lands, it has been rejected, by the Master and court below as being contrary to the Statute of Frauds, with the single exception of the sale of the Everhart coal property. That part of the claim is allowed, because it does not impinge upon the prohibition of the statute. The reason for the distinction, as expressed in…
2Cited by10 opinions
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