Automobile Finance Co. v. Rosenheim
Superior Court of Pennsylvania
Appeals, Nos. 48, 49 and 51, Oct. T., 1919, by defendants, from judgment of O. P. No. 3, Phila. County, June T., 1918, Nos. 536, 537 and 538, in the cases of Automobile Finance Company v, Harry T. Rosenheim, John E. O’Brien and-Harry J. Hogg. Assumpsit under written contract for sale of stock. Before Ferguson, J. Rule for judgment for want of a sufficient affidavit of defense. The facts appear in the opinion of the Superior Court. The court made absolute the rule.
Read the full summary
Appeals, Nos. 48, 49 and 51, Oct. T., 1919, by defendants, from judgment of O. P. No. 3, Phila. County, June T., 1918, Nos. 536, 537 and 538, in the cases of Automobile Finance Company v, Harry T. Rosenheim, John E. O’Brien and-Harry J. Hogg. Assumpsit under written contract for sale of stock. Before Ferguson, J. Rule for judgment for want of a sufficient affidavit of defense. The facts appear in the opinion of the Superior Court. The court made absolute the rule. Defendants appealed. Errors assigned were the orders of the court.
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff’s claim was founded upon the following written contract:
“Philadelphia, Pa., March 22, 1917.
“Gentlemen:
“I hereby agree to purchase 100 shares of the 7% Cumulative Preferred Stock of the Automobile Finance Company, at $10.00 per share, and enclose $250.00, and agree to pay the balance from commissions of Ten (10%) percent from stock sales.
“It is understood that this- stock is full paid and non-assessable, and dividends are to accrue from date of final payment. Also, that I am to receive a bonus of Common Stock equal to one-half of. the above Preferred Stock, *548a…
2Cases cited7 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Acetylene Light, Heat & Power Co. v. SmithSuperior Court of Pennsylvania · 1899
- Dunn v. Columbia Nat. BankSupreme Court of Pennsylvania · 1902
- Wood v. WoodSupreme Court of Pennsylvania · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- McConnellsburg Water Co. v. Taylor, Pennsylvania Court of Common Pleas, Fulton County1934