Chicago Building & Manufacturing Co. v. Lyon
Supreme Court of Oklahoma
Error from the District Court of Payne County; before John H. Burford, District Judge. STATEMENT of the case. This action was begun by the Chicago Building and Manufacturing Company, as plaintiff, before a justice of the peace, in Payne county.
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Error from the District Court of Payne County; before John H. Burford, District Judge. STATEMENT of the case. This action was begun by the Chicago Building and Manufacturing Company, as plaintiff, before a justice of the peace, in Payne county. The bill of particulars averred that the defendant, with ñfty-one others, entered into a contract and agreement in writing, whereby the defendant and others agreed with the plaintiff for the construction and equipment of a butter and cheese factory at Stillwater, and in consideration thereof, and as his individual portion of the contract price of said…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The only question involved is whether the defendant, having made the subscription referred to, could afterwards withdraw it and free himself from liability by notifying the agent who had the subscription list in charge.
It is said in Beach on Corporations, sec. 549, that where a subscription is made with full knowledge of the purpose and scope of the undertaking, and has been acted upon by other subscribers, it is irrevocable, and that consequently, the consent of all the other subscribers is necessary to effect a valid cancellation of a subscription contract.…
2Cases cited6 opinions
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Hughes v. Antietam Manufacturing Co.Court of Appeals of Maryland · 1871
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
- New Albany & Salem Railroad v. McCormickIndiana Supreme Court · 1858
- Zirkel v. Joliet Opera House Co.Illinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Huster v. Newkirk Creamery & Ice Co.Supreme Court of Oklahoma · 1914
- King v. Howeth & Co.Supreme Court of Oklahoma · 1914