Cotton & Smith v. Babcock
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: Of January 1869, No. 24. On the 5th of November 1859 Stephen Babcock filed a bill in equity against Henry Cotton and Daniel W. Smith.
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Error to the Court of Common Pleas of Tioga county: Of January 1869, No. 24. On the 5th of November 1859 Stephen Babcock filed a bill in equity against Henry Cotton and Daniel W. Smith. The bill set out that the plaintiff had contracted with the defendants to sell to them 1,000,000 feet of standing timber, on a tract of land designated; and if so much of the kind of timber described in the agreement could not be obtained, the defendants might take it from an adjoining tract belonging to the plaintiff. The bill averred that there was sufficient timber, on the first-named tract to fill the…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— This case was commenced in the court below by a bill in equity praying an injunction to stay waste. A preliminary injunction was awarded. Pending this and before any answer, the parties, by writing, agreed “ to submit all matters at variance and in controversy in the said suit, and all matters in controversy concerning and about the contract mentioned in said1 suit,” to three persons mutually chosen as referees. This agreement was expressed, to be “ under the provisions of the Act of Assembly of June 16th 1836,” Pamph. L. 717. We are of…
2Cases cited1 opinion
- Benjamin v. BenjaminSupreme Court of Pennsylvania · 1843