Opinion · Supreme Court of Pennsylvania

Jefferies v. Tucker

Jefferies v. Tucker, 387 PA 234 (Pa. 1956)

Type
Opinion
Court
Supreme Court of Pennsylvania
Jurisdiction
Pennsylvania
Date
1956-12-29
Topic
international-arbitration

Opinion Pee Cueiam, Nothing is to be gained by rephrasing what Judge Hagan so well said in sustaining the defendants’ preliminary objections to the plaintiff’s complaint. Whether the order entered below is really appealable is at least open to question. It certainly is not definitive and does not put the plaintiff out of court. It merely suspends further procedure in the court below until the plaintiff submits his grievances to the arbitration provided for in the written partnership agreement between him and his sister (now deceased) who, as defendant in the suit, is represented on the record by her executors. The court was justified in refusing to set aside the agreement on manifestly insufficient allegations of fraud in its execution.

Citator

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Cited by
4 opinions

Opinion

Pee Cueiam,

Nothing is to be gained by rephrasing what Judge Hagan so well said in sustaining the defendants’ preliminary objections to the plaintiff’s complaint. Whether the order entered below is really appealable is at least open to question. It certainly is not definitive and does not put the plaintiff out of court. It merely suspends further procedure in the court below until the plaintiff submits his grievances to the arbitration provided for in the written partnership agreement between him and his sister (now deceased) who, as defendant in the suit, is represented on the record by her executors. The court was justified in refusing to set aside the agreement on manifestly insufficient allegations of fraud in its execution.

Order affirmed at appellant’s costs.