Oil Creek Railroad v. the Atlantic & Great Western Railroad
Supreme Court of Pennsylvania
Appeal from Nisi Prius. In Equity. This was a proceeding in equity, commenced in the Supreme Court, Eastern District, No. 41, to January Term 1865, by the Oil Creek Railroad Company against The Atlantic and Great Western Railroad Company of Pennsylvania.
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Appeal from Nisi Prius. In Equity. This was a proceeding in equity, commenced in the Supreme Court, Eastern District, No. 41, to January Term 1865, by the Oil Creek Railroad Company against The Atlantic and Great Western Railroad Company of Pennsylvania. The bill avers :*— I. The incorporation of the plaintiff under an Act of Assembly of April 1860, with power, amongst others, to build a railroad from a point on the Sunbury and Erie Railroad, near Garland Station, Warren county, to Oil City, in Yenango county, and thence to Franklin, in the same county. II. The incorporation of the Meadville…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
A bill for the special enforcement of a contract is an appeal to the conscience of the chancellor. He exercises, upon the question presented, a sound discretion, under all the circumstances of the case, for the most part untrammelled by rule or precedent. If the bargain is a hard or unconscionable one, if the terms are unequal, if the party calling for his aid is seeking an undue advantage, he declines to interfere. Therefore it is that although a court of equity will not in general relieve against a forfeiture, unless it be in the case…
2Cited by10 opinions
- Knight v. BlackCalifornia Court of Appeal · 1912
- Barraclough v. Atlantic Refining Co.Superior Court of Pennsylvania · 1974
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
- Continental Fuel Co. v. HadenCourt of Appeals of Kentucky · 1918
- Spotts v. EisenhauerSuperior Court of Pennsylvania · 1906
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