Schmitt v. Cook

Citations

• 65 Pa. Super. 51
• 1916 Pa. Super. LEXIS 16

Syllabus

<p>Practice, C. P. — Discontinuance—Enforcing agreement to discontinue — Principal and agent — Denial of authority of agent — Corporations.</p> <p>The court will enforce an agreement to discontinue founded on a good consideration entered into with deliberation; but such an agreement, although in writing and signed by the secretary of the plaintiff, a corporation, will not be enforced, and a judgment of non pros, entered, where the authority of the secretary to sign the agreement is expressly denied. Such a case should be permitted to go to a jury.</p>