Fitzsimmons v. Lindsay
Supreme Court of Pennsylvania
Appeal, No. 187, Oct. T., 1902, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1901, No. 766, dismissing bill in equity in case of J. O. Fitzsimmons et al. v. David G. Lindsay ct al. Bill in equity for specific performance.
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Appeal, No. 187, Oct. T., 1902, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1901, No. 766, dismissing bill in equity in case of J. O. Fitzsimmons et al. v. David G. Lindsay ct al. Bill in equity for specific performance. Rodgers, J.,' filed the following opinion: This is a biil .filed by J. O. Fitzsimmons, Thomas McMurray, A. J. Bihler and George W. Diehl against David G. Lindsay, administrator of the estate of John S. Lindsay, deceased, and A. W. Lorentz, guardian of Mary A. Lindsay, a minor child and sole heir at law of said decedent. Thomas McMurray et al., executors…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The decree cannot be sustained on the ground upon which it was put by the court below. If the administrator has revoked the submission by the decedent hi his agreement that fact should be averred by answer. It does not appear on the face of the bill and therefore cannot be set up by demurrer. And even h the administrator has revoked the submission it does not follow that the court under the prayer for general relief may not go on to ascertain “ the fair price or book value of the shares,” so as to give effect to the option provided for in the agreement.
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