Sunbury & Erie Railroad v. Cooper
Supreme Court of Pennsylvania
In Equity.* This was a hill in equity by the Sunbury and Erie Railroad Company against Lewis Cooper, for the specific performance of a contract for the purchase of $100,000 of the bonds of the Delaware Division Canal Company.
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In Equity.* This was a hill in equity by the Sunbury and Erie Railroad Company against Lewis Cooper, for the specific performance of a contract for the purchase of $100,000 of the bonds of the Delaware Division Canal Company. The bill set forth that under the Act of the 21st April 1858, the complainants purchased from the Commonwealth of Pennsylvania, the Delaware Division of the Pennsylvania Canal, and all the other canals and property mentioned and described in the said act, and thereby authorized to he sold, for the sum of $3,500,000, on the terms and conditions therein expressed. That the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The plaintiff is possessed of a large amount of bonds issued by the Delaware Division Canal Company, and has contracted to sell $100,000 of them to the defendant; but he refuses to perform his contract, and the plaintiff has brought this bill in equity to compel him to perform it.
We know of no law giving the Supreme Court in bane original jurisdiction over such a cause of action as this, and we must not assume it. This is not a proper case for this equitable form of remedy, for we can see no reason why the damages that are recoverable in…
2Cited by8 opinions
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1909
- Commonwealth Ex Rel. Bard v. Delaware Division Canal Co.Supreme Court of Pennsylvania · 1938
- DeSilvio v. RestauireSuperior Court of Pennsylvania · 1979
- Newport & Sherman Valley Railroad v. SeagerSuperior Court of Pennsylvania · 1898
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