Manheim, Petersburg & Lancaster Turnpike or Plank Road Co. v. Arndt
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action • of debt brought by the Manheim, Peters-burg and Lancaster Turnpike or Plank Road Company, against John Arndt, to recover $250, the price of ten shares of stock in the plaintiffs’ road, subscribed for by the defendant.
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Error to the Common Pleas of Lancaster county. This was an action • of debt brought by the Manheim, Peters-burg and Lancaster Turnpike or Plank Road Company, against John Arndt, to recover $250, the price of ten shares of stock in the plaintiffs’ road, subscribed for by the defendant. The Manheim, Petersburg and Lancaster Turnpike or Plank Road Company was incorporated on the 9th May 1850, to construct an artificial road from the north end of Prussia street, in the borough of Manheim, by the nearest and best route, to Peters-burg and Lancaster. The plaintiffs commenced a plank road at…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
We do not see that the oral testimony, admitted in this case, at all affects the terms of this subscription; for it is involved in the nature of a subscription to the stock of a company, for making a road from one place to another, that the termini are part of the contract. This company has obtained an Act of Assembly to excuse them from one of the termini; and the jury have found that they now refuse to make the road to that terminus. They are, therefore, asking to enforce a contract, of which they refuse to perform one of the conditions.…
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