Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1911, by defendant, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1909, No. 486, in equity sustaining demurrer to cross bill in The Safe Deposit & Trust Company of Pittsburg v. Diamond Coal & Coke Company. Cross bill in equity for the reformation of a written agreement for the sale of coal, and for the specific performance of the agreement as reformed.
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Appeal, No. 118, Oct. T., 1911, by defendant, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1909, No. 486, in equity sustaining demurrer to cross bill in The Safe Deposit & Trust Company of Pittsburg v. Diamond Coal & Coke Company. Cross bill in equity for the reformation of a written agreement for the sale of coal, and for the specific performance of the agreement as reformed. Before Davis, J. The Midland Steel Company is the owner of about 903 acres of the Pittsburg or River vein of coal in Washington county adjoining a tract of the same vein of coal owned by the Diamond Coal & Coke…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a cross bill in which the Diamond Coal & Coke Company (herein called the coal company) is plaintiff, and the Midland Steel Company (herein called the steel company) and the Safe Deposit & Trust Company, trustee (herein called the trustee), are defendants. The plaintiff seeks to reform by parol an executory contract in writing for the sale of coal lands, and prays for a decree of specific performance of the contract as reformed. The. facts and the proceedings leading up to the filing of the cross bill are stated by the reporter. The part of the contract…
2Cases cited18 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Gillespie v. MoonNew York Court of Chancery · 1817
- Allen v. KitchenIdaho Supreme Court · 1909
- Bogard v. BarhanOregon Supreme Court · 1908
- Osborn v. PhelpsSupreme Court of Connecticut · 1848
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3Cited by38 opinions
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- Pierro v. PierroSupreme Court of Pennsylvania · 1970
- Sferra v. UrlingSupreme Court of Pennsylvania · 1937
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