Rohrbacher's Estate
Supreme Court of Pennsylvania
Appeal, No. 21, July T., 1894, by Ferdinand Hortnann, from decree of O. C. Phila. Co., July T., 1892, No. 20, dismissing petition for specific performance. Petition for specific performance. From the record it appeared that Frederick Rohrbacher and Ferdinand Hormann were partners in the business of manufacturing of glassware.
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Appeal, No. 21, July T., 1894, by Ferdinand Hortnann, from decree of O. C. Phila. Co., July T., 1892, No. 20, dismissing petition for specific performance. Petition for specific performance. From the record it appeared that Frederick Rohrbacher and Ferdinand Hormann were partners in the business of manufacturing of glassware. On Oct. 2, 1880, an agreement was made between them, that in the event of the decease of either the survivor should have the option of purchasing the business of the firm. The option was to be exercised within fifteen days. The material portions of the agreement were as…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The proceeding in the orphans’ court was to require the specific performance of an agreement entered into by the decedent and the appellant. In 1869 Frederick Rohrbacker and Ferdinand Hormann entered into a partnership for the purpose of manufacturing glassware. On October 22, 1880, they made an agreement which provided that in the event of the death of either the survivor should have the option of purchasing the *163business. Rohrbacker died in April, 1892, leaving a will made in December, 1880, in which his executors were directed to carry out and fulfill the…
2Cited by6 opinions
- Kaufmann v. KaufmannSupreme Court of Pennsylvania · 1908
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- In Re Randall's EstateWashington Supreme Court · 1947
- Mundy v. HoldenSupreme Court of Delaware · 1964
- Mundy v. HoldenCourt of Chancery of Delaware · 1964
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