Drape v. Coleman
Supreme Court of Pennsylvania
Appeal, No. 20, Oct. T., 1910, by plaintiff, from decree of C. P. No. 4, Allegheny Co., Fourth Term, 1909, No. 8, dismissing bill in equity in case of James W. Drape v. A. B. Coleman. Bill in equity for discovery and an accounting. Before Cohen, J. The opinion of the Supreme Court states the case. Error assigned was in sustaining demurrer to the bill and in certifying the case to the law side of the court.
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Appeal, No. 20, Oct. T., 1910, by plaintiff, from decree of C. P. No. 4, Allegheny Co., Fourth Term, 1909, No. 8, dismissing bill in equity in case of James W. Drape v. A. B. Coleman. Bill in equity for discovery and an accounting. Before Cohen, J. The opinion of the Supreme Court states the case. Error assigned was in sustaining demurrer to the bill and in certifying the case to the law side of the court. The court had jurisdiction: Wetherill v. Gallagher, 211 Pa. 306; Bierbower’s App., 107 Pa. 14; Earley’s App., 121 Pa. 496; Brush Electric Company’s App., 114 Pa. 574; Warner v. McMullen,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
From the record in this case it appears that the plain*587tiff held options for the purchase of a large amount of coal. He executed an agreement in writing with the defendant which provided that the latter should have the right to purchase and take over these options at a fixed price, and upon certain specified terms of payment. The defendant afterwards elected to purchase the options, and by further agreement the terms of payment were modified so that after certain payments had been made, the remainder was to be paid in monthly installments, during the time required…
2Cases cited3 opinions
- Holland v. HallahanSupreme Court of Pennsylvania · 1905
- Grubb's AppealSupreme Court of Pennsylvania · 1879
- Sprigg v. Commonwealth Title Insurance & Trust Co.Supreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Crennell v. FultonSupreme Court of Pennsylvania · 1913
- Counties Finance, Inc. v. Norristown-Penn Trust Co., Pennsylvania Court of Common Pleas, Montgomery County1934
- Kingsbury v. Noll, Pennsylvania Court of Common Pleas, Schuylkill County1927
- Sork v. C. Trevor Dunham, Inc.Pennylvania Municipal Court, Philadelphia County · 1930