Muncy Traction Engine Co. v. DeLa Green

Supreme Court of Pennsylvania

Muncy Traction Engine Co. v. DeLa Green

13 A. 747, 143 Pa. 269, 1888 Pa. LEXIS 706

Supreme Court of Pennsylvania·Decided April 23, 1888·No. No. 7·Published·Cited by 9 cases

Opinion

Per Curiam:

At the time DeLa Green withdrew his subscription, there was no company formed, and there was nothing to prevent all the subscribers to the proposed enterprise from withdrawing from that enterprise had they seen proper. By what legal consideration, then, was DeLa Green bound? Was he bound because he induced others to sign ? But, if the other subscribers to the undertaking were not bound to go on with it, and might at any time before application for a charter have dropped it, surely the defendant was no more bound than they. Viewing the matter in this light, we do not see how the judgment of the court below can be reversed.

Judgment affirmed.

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Per Curiam:

At the time DeLa Green withdrew his subscription, there was no company formed, and there was nothing to prevent all the subscribers to the proposed enterprise from withdrawing from that enterprise had they seen proper. By what legal consideration, then, was DeLa Green bound? Was he bound because he induced others to sign ? But, if the other subscribers to the undertaking were not bound to go on with it, and might at any time before application for a charter have dropped it, surely the defendant was no more bound than they. Viewing the matter in this light, we do not see how the judgment of the court below can be reversed.

Judgment affirmed.

Muncy Traction Engine Co. v. DeLa Green, 13 A. 747, 143 Pa. 269, 1888 Pa. LEXIS 706 (Pa. 1888).

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