Lewis's Appeal
Supreme Court of Pennsylvania
Appeal from- the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 3. In equity. Bill in equity filed by Samuel Lewis against Lockhart & Frew, David Hostetter, Byers & Co. and W. H. D. Barr, administrator of Arnold Hertz, for an account, the plaintiff claiming that defendants were partners with .him in the Pittsburgh Petroleum Oil Company. The material facts will be found in the opinion, of this' court.
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Appeal from- the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 3. In equity. Bill in equity filed by Samuel Lewis against Lockhart & Frew, David Hostetter, Byers & Co. and W. H. D. Barr, administrator of Arnold Hertz, for an account, the plaintiff claiming that defendants were partners with .him in the Pittsburgh Petroleum Oil Company. The material facts will be found in the opinion, of this' court. A submission to arbitration is revocable at any time before it is executed, although in terms irrevocable: Watson on Arbitration, 59 Law Library 36. A…
1Opinion of the CourtChief Justice Sharswood
This is an appeal from a decree in equity in the court below, and a motion is now made on behalf of the appellee to quash the appeal on the ground that the appellant is precluded by his agreement from taking it. That a party may so he precluded is settled beyond all controversy. McCahan v. Reamey, 9 Casey 535, and the eases there cited in the opinion of the court. We are only then to determine whether it appears by the record that the appellant did make such an agreement which is binding on him.
There were three equity cases pending, besides several suits at law in consequence of differences…
2Cited by3 opinions
- Delaware & Hudson R. Corporation v. WilliamsCourt of Appeals for the Seventh Circuit · 1942
- McKenna v. LyleSupreme Court of Pennsylvania · 1893
- Klingensmith v. West Leechburg Steel & Tin Plate Co.Superior Court of Pennsylvania · 1901