Meaker Galvanizing Co. v. Charles E. McInnes & Co.
Citations
- 272 Pa. 561
- 116 A. 400
- 1922 Pa. LEXIS 869
Syllabus
<p>Accord and satisfaction — Performance — Agreement to accept promise in satisfaction — Consideration—Written evidence — Law for court.</p> <p>1. In an accord and satisfaction, the performance generally is the carrying out of an agreement of accord, but it may be expressly agreed, or the circumstances may clearly show, that the promise or agreement of accord itself is to be taken in satisfaction of the original demand, and, when that is the case, the promise or undertaking, if supported by a sufficient consideration, is to be accepted as equivalent to performance or execution.</p> <p>2. An adjustment of unliquidated damages is a sufficient consideration for the promise.</p> <p>3. Where there is no conflict in the facts, and the determination of the intention of. the parties as to the accord, rests solely on the interpretation to be placed on their letters, the question is one of law for the court.</p> <p>Practice, G. P. — Affidavit of defense — Fraud—Insufficient averment.</p> <p>4. An affidavit of defense averring fraud is evasive and insufficient, if it does not aver facts showing the extent of the fraud or misrepresentations averred.</p> <p>Practice, G. P. — Statement—Foreign corporation — Registration —Doing business — Presumption of legality — Affidavit of defense.</p> <p>5. A foreign corporation may ordinarily maintain an action to enforce its contracts, within the State. It is restricted only when “doing business” within the meaning of the Pennsylvania registration law, and it has failed to register.</p> <p>6. No presumption arises that a foreign corporation in bringing a suit in this State, is a wrongdoer, and has failed to perform its legal obligation of registering.</p> <p>7. It need not in its statement of claim negative its violation of a penal statute.</p> <p>8. Where, in such case, the statement of claim shows a Pennsylvania contract, and that the transaction involved interstate commerce, but does not show that the company plaintiff was “doing busines
Judges: Frazer, Kephart, Moschzisker, Sadler, Schaefer, Simpson, Walling
Read full opinion on CourtListenerCited by
19 cases in this archive cite this case.
- Plymouth Mutual Life Insurance Company v. Illinois Mid-Continent Life Insurance Company of Chicago, IllinoisThird Circuit· 1967-05-09· cited 41×
- Maryland Casualty Co. v. CushingSeventh Circuit· 1948-12-03· cited 32×
- Cowen v. KRASASSupreme Court of Pennsylvania· 1970-04-22· cited 18×
- Nash v. Atlantic White Tower System, Inc.Supreme Court of Pennsylvania· 1961-05-02· cited 15×
- In re KELLETT AIRCRAFT CORP.Third Circuit· 1949-02-09· cited 15×
- Empire Box Corp. v. Jefferson Island Salt Mining Co.Supreme Court of Delaware· 1944-01-20· cited 12×
- Duryea v. LongSuperior Court of Pennsylvania· 1960-03-24· cited 8×
- In Re Kellett Aircraft CorporationE.D. Pennsylvania· 1948-05-26· cited 6×
- American Empire Insurance v. Hanover National BankM.D. Pennsylvania· 1976-03-09· cited 4×
- Archibald McNeil & Sons Co. v. United StatesE.D. Pennsylvania· 1924-08-01· cited 2×
- Am. Empire Ins. Co. v. HANOVER NAT. BANK ETC.M.D. Pennsylvania· 1976-03-09· cited 1×
- In Re Kellett Aircraft CorporationThird Circuit· 1949-02-09
- P. & H. Morton Advertising Co. v. Fink Brewing Co.Dauphin County Court of Common Pleas· 1922-10-24
- Fidelity Mutual Life Insurance v. RothPhiladelphia County Court of Common Pleas· 1935-08-23
- Gillespie v. WeaverLehigh County Court of Common Pleas· 1949-07-18
- WAMCO XXV Ltd. v. DeSouzaPhiladelphia County Court of Common Pleas· 2001-04-03
- Family Budget Plan, Inc. v. EdeBucks County Court of Common Pleas· 1955-08-05
- J. B. Colt Co. v. ShirkUnion County Court of Common Pleas· 1923-03-12
- Duro Art Supply Co. v. Auto Parts & Radiator Co.Delaware County Court of Common Pleas· 1963-04-18
Cites
13 cases in this archive are cited by this case.
- Dillon's EstateSupreme Court of Pennsylvania· 1920-12-31· cited 31×
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania· 1897-07-23· cited 24×
- Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania· 1914-07-01· cited 23×
- W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania· 1898-07-21· cited 20×
- Hall's Safe Co. v. WalenkSuperior Court of Pennsylvania· 1910-04-18· cited 17×
- Zion Church v. St. Peter's ChurchSupreme Court of Pennsylvania· 1843-03-15· cited 16×
- Foye v. Lilley Coal & Coke Co.Supreme Court of Pennsylvania· 1916-01-03· cited 11×
- Scranton Gas & Water Co. v. WestonSuperior Court of Pennsylvania· 1914-07-15· cited 10×
- Campbell Etc. Co. v. HeringSupreme Court of Pennsylvania· 1891-01-19· cited 6×
- Prussian National Insurance v. EisenhardtMichigan Supreme Court· 1908-06-27· cited 5×
- Hartzog's EstateSupreme Court of Pennsylvania· 1921-04-11· cited 4×
- Federal Glass Co. v. LorentzSuperior Court of Pennsylvania· 1912-03-01· cited 4×
- Arms Pocket-book & Leather Novelty Co. v. PoseySuperior Court of Pennsylvania· 1909-07-14· cited 2×
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