Llewellyn v. Cauffiel
Supreme Court of Pennsylvania
Appeal, No. 21, Oct. T., 1906, by plaintiffs, from decree of C. P. Cambria Co., Sept. T., 1905, No. 7, dismissing bill in equity in case of D. J. Llewellyn and J. C. Yeagley, trading as Llewellyn & Yeagley, v. Daniel Cauffiel. Bill in equity for an injunction.
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Appeal, No. 21, Oct. T., 1906, by plaintiffs, from decree of C. P. Cambria Co., Sept. T., 1905, No. 7, dismissing bill in equity in case of D. J. Llewellyn and J. C. Yeagley, trading as Llewellyn & Yeagley, v. Daniel Cauffiel. Bill in equity for an injunction. The averments of the bill and answer and the facts of the case are set forth in the opinion of the Supreme Court. _Errors assigned were (1-12) various rulings on evidence sufficiently referred to and grouped in the opinion of the Supreme Court, and (13) decree dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
On April 22, 1905, the plaintiffs filed this bill against the defendant, averring substantially as follows : That by written articles, dated January 28,1901, the plaintiffs formed a copartnership for the purpose of leasing, mining and shipping bituminous coal from their coal plant, situated in the seventeenth ward of the city of Johnstown; that the partnership property consists of coal in place, mine tracks to and on the coal tipple, mine cars, the necessary ground appurtenant thereto for carrying on the business, and a siding for the loading of cars on the…
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