Taylor v. Jackson
Superior Court of Delaware
This was an action of assumpsit on a part performance of a written agreement, signed and sealed by the parties respectively, on the back of a certificate for one hundred shares of the capital stock of the Jackson & Sharp Company, as follows : It is hereby agreed between Daniel W. Taylor, the holder of this certificate and the shares of stock therein mentioned, and Job H. Jackson, that in the event of the said Daniel W. Taylor’s ceasing to be an employee of the Jackson &…
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This was an action of assumpsit on a part performance of a written agreement, signed and sealed by the parties respectively, on the back of a certificate for one hundred shares of the capital stock of the Jackson & Sharp Company, as follows : It is hereby agreed between Daniel W. Taylor, the holder of this certificate and the shares of stock therein mentioned, and Job H. Jackson, that in the event of the said Daniel W. Taylor’s ceasing to be an employee of the Jackson & Sharp Company from any cause whatever, he or his personal representatives shall immediately sell and transfer the said stock…
1Opinion of the Court
Comegys, C. J.:
Where there is no subscribing witness to a paper called for from the other side, or where there is a subscribing witness to it and it appears that both parties claim or take title or a valuable interest in or under it, such is the rule of law and evidence in regard to it. But where the party producing it claims or takes no title or interest under it, and there is a subscribing witness to it, he must be called to prove the execution of it, as in other cases. 1 Whart. Ev., sec. 156. Objection overruled.
Spruance next offered in evidence the written agreement between the parties on…
2Cases cited3 opinions
- Sickels v. PattisonNew York Supreme Court · 1835
- Dean v. PittsNew York Supreme Court · 1813
- Rankin v. DarnellCourt of Appeals of Kentucky · 1850