Strasburg Railroad v. Echternacht
Supreme Court of Pennsylvania
Certiorari to the Common Pleas of Lancaster county.. This was a bill in equity on the part of the railroad company, filed with the view of enforcing the specific performance of an agreement, which was as follo.ws: “ We, the undersigned, agree to take the number of shares of the capital stock of the Strasburg Railroad Company, set opposite to our respective names, the price per share to be $ 100, provided there can be a charter obtained at the next ensuing session of the…
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Certiorari to the Common Pleas of Lancaster county.. This was a bill in equity on the part of the railroad company, filed with the view of enforcing the specific performance of an agreement, which was as follo.ws: “ We, the undersigned, agree to take the number of shares of the capital stock of the Strasburg Railroad Company, set opposite to our respective names, the price per share to be $ 100, provided there can be a charter obtained at the next ensuing session of the legislature of Pennsylvania, granting said company to terminate said road at the east end of the borough of Strasburg, and…
1Opinion of the Court
*222The opinion of the Court was delivered by
Black, C. J.
— Before the Strasburg Railroad Company was incorporated, the defendant and others signed a paper, agreeing that if it should be incorporated with certain privileges, they would subscribe the number of shares set opposite to their respective names. The charter was obtained, and the defendant refused to take the stock. Whereupon the company brought this bill in equity to enforce specific performance of the contract.
A contract cannot be made by one person alone. It takes two to make a bargain. Before a promise becomes a binding obligation, it…
2Cited by7 opinions
- Auburn Bolt & Nut Works v. ShultzSupreme Court of Pennsylvania · 1891
- Jeannette Bottle Works v. SchallSuperior Court of Pennsylvania · 1900
- Metzger v. CruikshankSuperior Court of Pennsylvania · 1947
- Newport & Sherman Valley Railroad v. SeagerSuperior Court of Pennsylvania · 1898
- Mt. Sterling Coalroad Co. v. LittleCourt of Appeals of Kentucky · 1879
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