Legal Opinion
Continental Collieries, Inc. v. Shober
Court of Appeals for the Third Circuit
Decided September 14, 1942No. 7925PublishedCited by 194 opinions
1Opinion of the Court
JONES, Circuit Judge.
The question presented by this appeal is whether the plaintiff’s complaint pleads an enforceable cause of action. The defendant moved to dismiss on the ground that the contract which furnishes the basis of the claim, as averred in the complaint, is unenforceable by reason of § 4 of the Pennsylvania Sales Act, 1 commonly known as the Statute of Frauds relating to personalty. The learned judge of the court below sustained the motion and dismissed the complaint.
Jurisdiction of the action is based upon diversity of citizenship. The complaint (as amended) alleges that…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- De Loach v. Crowley's, Inc.Court of Appeals for the Fifth Circuit · 1942
- Securities & Exchange Commission v. Timetrust, Inc.District Court, N.D. California · 1939
13 more not listed; retrieve them via the Exa API.
3Cited by194 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Ala, Inc. v. Ccair, Inc.Court of Appeals for the Third Circuit · 1994
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
189 more not listed; retrieve them via the Exa API.