Oil Creek & Allegheny River Railroad v. Pennsylvania Transportation Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Orawford county: Of October and November Term 1876, No. 178. This was an action of debt brought by the Pennsylvania. Transportation Company against the Oil Creek & Allegheny River Railroad Company to recover the amount alleged to be due on a contract between the parties. The plaintiff was the owner of pipe-lines in the oil regions of Pennsylvania, connecting the oil regions with several points on the defendant’s railroad.
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Error to the Court of Common Pleas of Orawford county: Of October and November Term 1876, No. 178. This was an action of debt brought by the Pennsylvania. Transportation Company against the Oil Creek & Allegheny River Railroad Company to recover the amount alleged to be due on a contract between the parties. The plaintiff was the owner of pipe-lines in the oil regions of Pennsylvania, connecting the oil regions with several points on the defendant’s railroad. On July 26th 1871, the railroad company, of the first part, and the transportation company, of the second part, entered into an…
1Opinion of the CourtJustice Paxson
There are twenty specifications of error in this case. They raise, however, but two substantial questions, viz.: 1. Was the contract upon which the plaintiffs were allowed to recover, ultra vires ¶ 2. Was such contract found by the jury upon sufficient evidence ? Neither proposition presents a question of serious difficulty. It does not appear to have occurred to the defendants below that the contract of July 26th 1871 was ultra vires until it became ajrparent that by their subsequent modification of it they had made a bad bargain. They then attempted to repudiate the modification and fall…
2Cited by18 opinions
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- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Ketchum v. Conneaut Lake Co.Supreme Court of Pennsylvania · 1932
- Creditors Claim & Adjustment Co. v. Northwest Loan & Trust Co.Washington Supreme Court · 1914
- Dillon v. MyersSupreme Court of Colorado · 1915
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