Lemmon v. East Palestine Rubber Co.
Supreme Court of Pennsylvania
Appeal, No. 116, Oct. T., 1917, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 2066, on verdict for plaintiff, in case of Brice W. Lemmon v. The East Palestine Rubber Company, a corporation organized under the laws of the State of Ohio. Assumpsit on a guarantee. Before Reid, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $6,195.40 and judgment thereon. Defendant appealed.
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Appeal, No. 116, Oct. T., 1917, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 2066, on verdict for plaintiff, in case of Brice W. Lemmon v. The East Palestine Rubber Company, a corporation organized under the laws of the State of Ohio. Assumpsit on a guarantee. Before Reid, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $6,195.40 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v. The contract made by the treasurer was…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
There is no merit in the defense to this action. It is purely technical and should not be permitted to prevail unless the law clearly commands it. The plaintiff, by a contract in writing signed by himself and the defendant company, by its treasurer, and to which its seal was attached, purchased of the defendant 200 shares of its capital stock at $25 per share, and there was a stipulation in the contract that the defendant would furnish plaintiff a buyer for the stock within six months, if desired, at a price to net the plaintiff a profit of $2.50 per share. The…
2Cases cited1 opinion
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