Shade v. Llewellyn
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1914, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1912, No. 374, on verdict for plaintiff in case of D. E. Shade v. Frank P. Llewellyn. Assumpsit for price of mining stock alleged to have been sold by plaintiff to defendant.
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Appeal, No. 329, Jan. T., 1914, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1912, No. 374, on verdict for plaintiff in case of D. E. Shade v. Frank P. Llewellyn. Assumpsit for price of mining stock alleged to have been sold by plaintiff to defendant. Before Cummings, P. J. The defendant’s sixth point and answer of the court thereto were as follows: “Sixth: If the jury believe the evidence on the part of the defendant that the plaintiff, up to the time of bringing this suit never made demand on the defendant for payment of said stock, but upon the contrary inquired…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
a ><Piaintiff and defendant were stockholders in the Llewellyn Mining Company. Defendant decided to sell his stock and notified plaintiff and several others of his *459intention. Those so advised also decided to sell if defendant sold, and the latter took the matter up at a meeting of the board of directors of the company and received an offer from two of the directors to take all stock offered for sale, except that belonging to plaintiff. Defendant refused to sell the holdings of himself and other stockholders unless the purchasers took plaintiff’s stock also.…
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