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· 12/31/1920

Andrews v. New Bethlehem Window Glass Co.

Citations

  • 268 Pa. 565
  • 112 A. 90
  • 1920 Pa. LEXIS 737

Syllabus

<p>Equity — Specific performance — Parties—Intervening defendants —Interest in patent rights — Fraud.</p> <p>1. There must be some property right or interest prejudicially affected before one may intermeddle in the lawsuit of others.</p> <p>2. A vendee has the right to elect to take such title and property as the vendor is able to convey.</p> <p>3. A stranger has no right to intervene where a contract is being specifically enforced, where there is no debt due him, no lien, but merely a restraining order in his favor prohibiting an infringement of patents with a right to an accounting; there must be, not only a liquidated indebtedness, but fraud must be proven.</p>

Judges: Brown, Frazer, Kephart, Moschzisker, Simpson, Stewart, Walling

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