Ralston v. Ihmsen
Supreme Court of Pennsylvania
Appeal, No. 123, Oct. T., 1902, by defendants, from decree of C. P. No. 1, Allegheny Co., March T., 1902, No. 291, on bill in equity in case of John Ralston et al. v. Herbert L. Ihmsen et al., Administrators of Thomas O. Ihmsen, Deceased. Bill in equity for specific performance of an agreement in writing on the part of the defendants to sell tbe interest of their decedent in a business conducted by the plaintiffs and decedents as partners.
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Appeal, No. 123, Oct. T., 1902, by defendants, from decree of C. P. No. 1, Allegheny Co., March T., 1902, No. 291, on bill in equity in case of John Ralston et al. v. Herbert L. Ihmsen et al., Administrators of Thomas O. Ihmsen, Deceased. Bill in equity for specific performance of an agreement in writing on the part of the defendants to sell tbe interest of their decedent in a business conducted by the plaintiffs and decedents as partners. The material portion of the agreement was as follows: “Now, therefore, this agreement witnesseth, that we, Herbert L. Ihmsen and D. O. Jlimsen,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The court had jurisdiction in this case, and it was properly exercised in granting the relief prayed for. The bill was to enforce the specific performance of a contract made by the administrators of a deceased partner to sell the interest of the decedent to the surviving partners at a price to be fixed by referees. The contract was not that of the decedent, but that *592of the administrators for the settlement of the partnership affairs by the statement of an account, the ascertainment of the interest of the deceased partner, and the sale thereof. The jurisdiction was…
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