Lindsay's Estate
Supreme Court of Pennsylvania
Appeal, Nos. 89, 90, 91, 92 and 93, Oct. T., 1904, by Thomas McMurray et al. from decree of O. C. Allegheny Co., Jan. T., 1903, No. 220, granting specific performance in Estate of John S. Lindsay, deceased. Petition for specific performance. Hawkins, P. J., found the facts to be as follows: The purpose of this proceeding is to enforce specific performance of a contract to close out the interest of this decedent in the James C. Lindsay Hardware Company, a corporation.
Read the full summary
Appeal, Nos. 89, 90, 91, 92 and 93, Oct. T., 1904, by Thomas McMurray et al. from decree of O. C. Allegheny Co., Jan. T., 1903, No. 220, granting specific performance in Estate of John S. Lindsay, deceased. Petition for specific performance. Hawkins, P. J., found the facts to be as follows: The purpose of this proceeding is to enforce specific performance of a contract to close out the interest of this decedent in the James C. Lindsay Hardware Company, a corporation. The facts are these: In 1895 James C. Lindsay, long engaged in the hardware business, being desirous of taking in with him some…
1Opinion of the Court
Opinion by
Mk. Justice Brown,
In Fitzsimmons v. Lindsay, 205 Pa. 79, we held that the agreement of the stockholders of the James C. Lindsay Hardware Company, by which each subscribing stockholder acquired a preferred right, by way of option, to purchase the shares of anyone who died or might withdraw from the business, was a binding contract, supported by a mutual and sufficient consideration. In the proceedings in the court below to enforce its provisions against the appellee, administrator of John S. Lindsay, deceased, there was a decree for its specific performance, as nothing was developed…
2Cases cited1 opinion
- Fitzsimmons v. LindsaySupreme Court of Pennsylvania · 1903
3Cited by13 opinions
- Mather EstateSupreme Court of Pennsylvania · 1963
- Schuster v. LargmanSupreme Court of Pennsylvania · 1932
- Johnson v. Tribune-Herald Co.Supreme Court of Georgia · 1923
- Weiland v. HoganMichigan Supreme Court · 1913
- Piedmont Publishing Co. v. RogersCalifornia Court of Appeal · 1961
8 more not listed; retrieve them via the Exa API.