Carbon Spring Water Ice Co. v. Hawk

Citations

• 29 Pa. Super. 13
• 1905 Pa. Super. LEXIS 260

Syllabus

<p>Practice, C. P. — Case stated — Agreement in writing — Construction.</p> <p>Where an agreement in writing is set forth at length in a case stated, the ■construction of the agreement is for the court; whether or not it is an agreement to lend money is a question of law, not a question of fact, hence it is immaterial that it is not admitted in the case stated to be such an agreement.</p> <p>Contract— Consideration— Nudum pactum ■ — Corporation— Stockholder— Loan.</p> <p>Where the stockholders of a corporation agree to pay on their full paid stock a certain per cent thereof in cash into the treasury of the company for the purpose of paying the debts of the company, each stockholder to receive a note of the company for the amount paid by him, such agreement cannot be enforced against a stockholder who refused to pay, where there is nothing in the agreement to indicate time for the repayment of the loans, and such time cannot be implied with certainty from extraneous facts.</p>