Clark Bros. Co. v. Tennessee Lumber Mfg. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
At Law. Action by Clark Brothers Company against the Tennessee Lumber Manufacturing Company. Rule for judgment for want of a sufficient affidavit of defense. Rule absolute.
1Opinion of the Court
J. B. McPHERSON, District Judge.
There are three counts in the plaintiff’s statement, but this rule asks for judgment upon the first-count only, which is based solely upon an award made by two out of the three arbitrators who heard the controversy. They were appointed in accordance with clause 7 of the contract between the parties, and a copy of the agreement (which provides for the building of a sawmill) is attached to the statement. It is true that the drawings and detailed specifications are omitted, but the attached copy sufficiently complies with the requirements of the Pennsylvania act…
2Cases cited3 opinions
- Hobson v. Heirs of McArthurSupreme Court of the United States · 1842
- Weaver v. PowelSupreme Court of Pennsylvania · 1892
- Quay v. WestcottSupreme Court of Pennsylvania · 1869
3Cited by1 opinion
- Tennessee Lumber Mfg. Co. v. Clark Bros. Co.Court of Appeals for the Third Circuit · 1910