No. 158 March Term, 1977, Appeal from the Order Entered May 25, 1976 of the Court of Common Pleas of York County at No. 75-S-177 in Assumpsit.
Nevin Stetler, York, with him Stetler & Gribbin, York, for appellant.
Donn I. Cohen, York, with him Liverant, Senft & Cohen, York, for appellees.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, did not participate in the consideration or decision of this case. Spaeth, J., concurs in the result.
[ 254 Pa. Super. Page 144]
This is an appeal from the order of the Court of Common Pleas of York County, Civil Division, which sustained appellee's preliminary objection in the nature of a demurrer.
Appellant, Bert L. Kizer and Associates, Inc., and appellee, Irvin S. Naylor and Lok-Box, Inc., Cor-Box., Inc., entered into the following agreement:
"The undersigned, for and in consideration of $1.00 and other good and valuable considerations, receipt of which is hereby acknowledged, authorize Bert L. Kizer & Associates to sell the 20,700 shares of Cor-Box, Inc. owned by Lok-Box, Inc.
"Bert L. Kizer & Associates is appointed sole agent for the sale of these shares for a period of six months from August 17, 1973 to February 17, 1974 inclusive. The asking price is to be $24.85 per share in cash or tradable, collaterable securities, at seller's option.
"It is understood and agreed that if the shares are sold (1) during the above mentioned period Bert L. Kizer & Associates will receive 5% of the total selling price for their efforts and services in effecting said sale.