Mitchell v. Newman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of PiJce County. Amicable action of assumpsit by John B. Newman against William Mitchell.
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Error to the Court of Common Pleas of PiJce County. Amicable action of assumpsit by John B. Newman against William Mitchell. The following is a copy of the submission: “And now, to wit: February 20, 1882, it is agreed, by and between the said John B. Newman and William Mitchell, that all matters at variance between them, or which may arise in any effort of settlement between them, of their late partnership matters, accounts, individual claims one against the other, and any claims of the estate of Solomon Newman, deceased, against said late firm, and any claims of said late firm against the…
1Opinion of the Court
Per Curiam :
This agreement of submission contains something more than a mere submission. It further stipulates that the defendant in error should give to the plaintiff in error possession of the books and papers of the firm, and that the latter should become the liquidating partner, with full power to dispose of its assets and pay its indebtedness therewith. This was a sufficient consideration to make the submission irrevocable -when made. An attempted revocation just as the award is about to be announced, and when there is persuasive evidence that the party had substantial knowledge of the…
2Cited by2 opinions
- Buckwalter v. RussellSupreme Court of Pennsylvania · 1888
- Ernst v. McDowellCuyahoga County Common Pleas Court · 1911