Winter v. Colonial Land Co.

Superior Court of Pennsylvania October 11, 1915

Winter v. Colonial Land Co., 61 Pa. Super. 215 (1915)

1915 Pa. Super. LEXIS 301

Head, Henderson, Kephart, Orlady, Rice, Trexler

Opinion of the Court

Opinion by

Orlady, J.,

On the trial before the jury, the question of the effect *220of the defendant’s plea of the statute of limitations, was reserved by the court, and on hearing of a motion for judgment non obstante veredicto it was held to be a bar to the action. We adopt the interpretation of the contract as made by Judge Evans for the reasons expressed in the opinion filed by him, and affirm the judgment.

Reference

Full Case Name: Winter v. Colonial Land Company
Cited By: 3 cases
Status: Published
Syllabus: Contract — Contract under seal — Corporation—Seal after agent’s name — Statute of limitations. Where a contract for the sale of land by a corporation is signed in the name of the corporation by two persons with the word “agent” after their names, followed by an ordinary scroll seal, and there is nothing in the body of the contract to show that the contract purported to be under seal, the writing is not a contract of specialty binding the corporation; and if a suit is brought by the purchaser of the land against the corporation on a cause of action growing out of the contract, the statute of limitations may be pleaded by the company if the suit has not been brought until eleven years after the date of the contract; and if in such a case it appears that the plaintiff alleged that a portion of the contract was oral, there is all the more reason for sustaining the plea of the statute.