Appeal, No. 353, Jan. T., 1962, from decree of Court of Common Pleas No. 4 of Philadelphia County, June T., 1957, No. 6866, in case of Roslyn Kallen v. Rhoda Pollock and Benjamin Pollock. Decree, as modified, affirmed.
Michael H. Egnal, with him Yale B. Bernstein, for appellants.
Samuel P. Lavine, with him Richard M. Rosenbleeth, and Steinberg, Steinbrook, Lavine & Gorelick, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE O'BRIEN
This is an appeal by Rhoda Pollock and her husband, Benjamin Pollock, from a final decree in equity based on a complaint filed by Roslyn Kallen. On August 31, 1955, Mrs. Kallen and Mrs. Pollock entered into a written partnership agreement to conduct a health salon. Disagreement soon arose between them and they began negotiations for a dissolution.
In her complaint, Mrs. Kallen alleges that on March 28, 1956, her attorney and Mrs. Pollock's attorney orally agreed to a dissolution of the partnership, whereby Mrs. Kallen was to transfer her interest to Mrs. Pollock for $6,000, and Benjamin Pollock was to indemnify Mrs. Kallen for any nonpayment of partnership debts by his wife. The defendants deny the agreement of dissolution.
In a hearing before Judge DAVIS on March 6, 1958, which was in the nature of pretrial, no testimony of witnesses being taken, counsel for the parties discussed the procedure for an accounting to cover a period preceding March 28, 1956 and subsequent thereto.
As the trial before Judge GUERIN began, counsel for defendants inquired as to the scope of the issue, suggesting to the court that it be confined to that portion of the complaint asking, "2. [that] in the alternative, Rhoda Pollock be required to prepare an accounting for the operation of the business from March 28, 1956, and thereafter, and further that Benjamin Pollock be ordered, decreed and directed to restore the property of the business, sold by him, or to pay the reasonable market value of the equipment disposed of by him."
The first prayer of the complaint asks that "Rhoda Pollock be directed to pay to the plaintiff the sum of $6,000, with a Decree adequately protecting the plaintiff from any liability of the partnership, with a further
Decree of indemnity by Rhoda Pollock against ...