Legal Opinion

Pittsburg Stove & Range Co. v. Pennsylvania Stove Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 185PublishedCited by 14 opinions

Appeal, No. 185, Oct. T., 1903, by Lyman W. DeHaven, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1902, No. 800, on bill in equity in case of Pitts-burg Stove & Range Company v. Pennsylvania Stove Company, Lyman W. DeHaven & Addison C. DeHaven. Bill in equity for an injunction. Before McFarlane, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 185, Oct. T., 1903, by Lyman W. DeHaven, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1902, No. 800, on bill in equity in case of Pitts-burg Stove & Range Company v. Pennsylvania Stove Company, Lyman W. DeHaven & Addison C. DeHaven. Bill in equity for an injunction. Before McFarlane, J. The facts are stated in the opinion of the Supreme Court. The court entered the following decree : 1. That the plaintiff’s bill be dismissed as to Addison C. DeHaven. 2. That the plaintiff’s bill be dismissed as to the Pennsylvania Stove Company, at the cost of the plaintiff. 3. That Lyman…

1Opinion of the Court

Opinion bt

Mr. Justice Mestrezat,

On and prior to September 8,1899, the appellant and certain other parties, under the partnership name of DeHaven & Company, Limited, were engaged in the business of manufacturing and selling stoves, ranges, furnaces, heating appliances and kindred manufactures. On that date, DeHaven & Company, Limited, by a written bill of sale, sold to the appellee for the consideration therein mentioned, its personal property, including the goodwill of the business, also cash,book accounts, etc., and therein agreed as follows: “ And in consideration of the purchase of said…

2Cases cited4 opinions

  1. Hind v. HoldshipSupreme Court of Pennsylvania · 1833
  2. Harris v. TysonSupreme Court of Pennsylvania · 1855
  3. McClurg's AppealSupreme Court of Pennsylvania · 1868
  4. Schmidt v. BaizleySupreme Court of Pennsylvania · 1898

3Cited by14 opinions

  1. McCornick and Co. v. Tolmie Bros.Idaho Supreme Court · 1926
  2. Third National Bank & Trust Co. v. RodgersSupreme Court of Pennsylvania · 1938
  3. Johnston v. BlanchardCalifornia Court of Appeal · 1911
  4. Gaynor v. QuinnSupreme Court of Pennsylvania · 1905
  5. Griffiths v. Monongahela RailroadSupreme Court of Pennsylvania · 1911

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