Legal Opinion

Keystone Surgical Supply Co. v. Bate

Supreme Court of Pennsylvania

Decided July 11, 1900No. Appeal, No. 35PublishedCited by 5 opinions

Appeal, No. 35, Jan. T., 1900, by plaintiff from judgment of C. P. No. 1, Phila. Co., Dec. T., 1894, No. 119, on verdict for defendant in case of Keystone Surgical Supply Company, to use of William Rennyson, Assignee v. William T. Bate and Richard H. Bate, trading as W. T. Bate & Son.

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Appeal, No. 35, Jan. T., 1900, by plaintiff from judgment of C. P. No. 1, Phila. Co., Dec. T., 1894, No. 119, on verdict for defendant in case of Keystone Surgical Supply Company, to use of William Rennyson, Assignee v. William T. Bate and Richard H. Bate, trading as W. T. Bate & Son. Assumpsit for a breach of a contract before Beitler, J. The facts appear by the prior report of the case in 187 Pa. 460, and by the charge of the court which was in part as follows : Richard H. Bate, the defendant here, was a stockholder in and a director of the Keystone Supply Manufacturing Company, in 1894. He…

1Opinion of the Court

Opinion by

Mb.. Justice Mitchell,

This case was unfortunately tried by the learned judge below on the erroneous theory that the contract between the parties was made on February 23,1894. The facts were that at a meeting of the directors of the plaintiff company held on that day, a proposition was submitted by defendants embodying the substance of the agreement on the subject-matter concerned and that proposition was accepted by a vote of the directors. It may be conceded that the offer and acceptance amounted to a meeting of the minds of the parties and would be sufficient to constitute a…

2Cases cited1 opinion

  1. Keystone Surgical Supply Manufacturing Co. ex rel. Rennyson v. BateSupreme Court of Pennsylvania · 1898

3Cited by5 opinions

  1. Robinson v. CommissionerUnited States Tax Court · 1984
  2. In re ABC-Federal Oil & Burner Co.District Court, E.D. Pennsylvania · 1960
  3. Lewis v. King, Pennsylvania Court of Common Pleas, Warren County1978
  4. Robinson v. CommissionerUnited States Tax Court · 1984
  5. U. S. Baird Corp. v. G. G. Greene Manufacturing Co., Pennsylvania Court of Common Pleas, Warren County1971

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