Mitchell v. Kearns
Superior Court of Pennsylvania
Appeal, No. 49, Jan. T., 1901, by defendants, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 18, continuing preliminary injunction in case of Thomas Mitchell v. Michael Kearns et al., School Directors of Pittston Township, and The American Book Company, a Corporation. Bill in equity to restrain the carrying out of a contract to purchase school books.
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Appeal, No. 49, Jan. T., 1901, by defendants, from decree of C. P. Luzerne Co., Oct. T., 1900, No. 18, continuing preliminary injunction in case of Thomas Mitchell v. Michael Kearns et al., School Directors of Pittston Township, and The American Book Company, a Corporation. Bill in equity to restrain the carrying out of a contract to purchase school books. Before Woodward, P. J. From the evidence it appeared that on August 81, 1900, the school directors of Pittston township school district passed a resolution adopting the American Book Company’s series of text books. It was claimed that this…
1Opinion of the Court
Per Curiam,
This is an appeal from an interlocutory order enjoining the defendants from carrying into execution a contract for the purchase of school books entered into between three, or at the most four, of the school directors of Pittston township school district, and the agent of the defendant company at a secret meeting at the house of one of the directors, of which the other two directors had no notice. The minutes show that at a previous special meeting of the board, a resolution was passed to adopt the American Book Company’s series of books. By the weight of testimony two of the…
2Cases cited9 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- School District v. FuessSupreme Court of Pennsylvania · 1881
- Nason v. Directors of the PoorSupreme Court of Pennsylvania · 1889
- Union Township v. Gibboney & NelsonSupreme Court of Pennsylvania · 1880
- American Road Machine Co. v. Township of WashingtonSuperior Court of Pennsylvania · 1898
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3Cited by3 opinions
- Foresman v. Gregg TownshipSupreme Court of Pennsylvania · 1929
- Rice v. Lake TownshipSuperior Court of Pennsylvania · 1909
- Logan v. Rochester TownshipSuperior Court of Pennsylvania · 1902