Weaver v. Shenk
Supreme Court of Pennsylvania
Appeal, No. 115, Jan. T., 1898, by plaintiffs, Isaac D. Weaver et al., from decree of C. P. Lebanon Co., No. 3, Eq. Docket, 1892, dismissing bill in equity filed against J. M. Shenk et al. Bill in equity to enforce specific performance of contract.
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Appeal, No. 115, Jan. T., 1898, by plaintiffs, Isaac D. Weaver et al., from decree of C. P. Lebanon Co., No. 3, Eq. Docket, 1892, dismissing bill in equity filed against J. M. Shenk et al. Bill in equity to enforce specific performance of contract. The contract sought to be enforced was as follows: “Whereas, Isaac D. Weaver and C. M. Bowman, of Lebanon, Pennsylvania, are-about to make application to the United States Patent Office for a patent for the manufacture of Railroad Switch Points and Frogs. “ And, whereas, also, J. M. Shenk and Thomas Evans are anxious to have a one half interest in…
1Opinion of the Court
Per Curiam:,
We are of opinion that the learned judge below was right in sustaining the demurrer and dismissing plaintiffs’ bill. The reasons which he has given are entirely sufficient, to which might have been added the farther reason, that the court had no jurisdiction. The bill was a mere attempt to enforce specifically a personal contract for which there is an adequate remedy at law. We have in more than one instance, of our own motion, dismissed such bills as this for want of jurisdiction, and would do so in this case were it necessary.
The decree is affirmed, and the appeal dismissed at…
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- Swanson-Erie Corp. v. Assembly Machines, Inc., Pennsylvania Court of Common Pleas, Erie County1980