Appeals from decree of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1966, No. 2560, in case of Thomas J. Cowen v. Peter Krasas et al.
Marvin J. Levin, with him Freedman, Borowsky and Lorry, for plaintiff.
Arsen Kashkashian, Jr., with him Kashkashian, Nissenbaum, Kellis & Pechter, for defendants.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Eagen. Dissenting Opinion by Mr. Chief Justice Bell.
This is an appeal from a final decree entered in an action in equity instituted by Thomas Cowen against Peter Krasas and Peter Krasas, Jr. Cowen claimed that he was a partner with the defendants in the operation of a restaurant known as the Gaiety Luncheonette in Philadelphia. He sought an accounting from the defendants and a dissolution of the partnership. The defendants filed an answer to the complaint denying the existence of a partnership, and, as an alternative defense, asserted that if it were determined that the alleged partnership did in fact exist, then they were entitled to recover from the plaintiff a sum in excess of $5000, because of his failure to render any meaningful services to or on behalf of the partnership during its existence. Plaintiff replied that under the partnership agreement he was not required to actively participate in the operation of the business.
The case came on for trial and the chancellor, after hearing testimony, made the following relevant "findings", inter alia:
"1. Plaintiff and defendant, Peter Krasas, in the year 1960, entered into a partnership relationship with
respect to the business known as the Gaiety Luncheonette.
"2. Plaintiff and defendant, Peter Krasas, in the year 1965, entered into a contract whereby plaintiff sold his interest in the partnership business to defendant, Peter Krasas, for the sum of $2000.00.
"5. Defendant's counterclaim against plaintiff is hereby dismissed."
Both sides to the litigation filed exceptions to the chancellor's "findings" and adjudication which were subsequently dismissed by the chancellor sitting as the court en banc [Pursuant to Philadelphia Local Rule C. P. 256(a)], and a final decree was entered. Both sides appealed here. Cowen contends that the lower court erred in finding that he entered into a contract in 1965 to sell his interest in the partnership. The defendants urge that the ...