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DONALD BOYD AND PRISCILLA BOYD v. JOHN B. COOPER AND CHARLENE COOPER (06/07/79)

argued: June 7, 1979.

DONALD BOYD AND PRISCILLA BOYD, HIS WIFE, APPELLANTS,
v.
JOHN B. COOPER AND CHARLENE COOPER, HIS WIFE



No. 2910 October Term, 1978, Appeal from the Order of the Court of Common Pleas, Monroe County, Civil Division-Law, No. 860 June Term 1978

COUNSEL

Ronald J. Karasek, Bangor, for appellants.

Stanley P. Ticktin, Stroudsburg, for appellees.

Price, Gates*fn* and Dowling, * JJ. Price, J., files a concurring opinion.

Author: Gates

[ 269 Pa. Super. Page 595]

This is an appeal from a final order of the Court of Common Pleas of Monroe County denying appellants' motion for a preliminary injunction.

On or about February 15, 1978 appellants and appellees entered into an agreement with Gerald A. Pozniak to purchase all the shares of stock and, thereupon, own and

[ 269 Pa. Super. Page 596]

    manage a pizza restaurant business known as the Village Pizzeria and Restaurant, Inc. located in Mt. Pocono, Monroe County, Pennsylvania. Appellants and appellees became equal and sole shareholders as well as the sole officers and directors of the corporation.

From 1976 the appellees leased and operated a golf course and restaurant known as Pine Hollow Gold Center located in Canadensis, Monroe County, Pennsylvania approximately ten miles from the Village Pizzeria and Restaurant.

After appellants and appellees took over the operation of the Village Pizzeria the parties began to quarrel and, in May 1978, appellees left the active management of Village Pizzeria and devoted their total time to operating the Pine Hollow Golf Center and Restaurant. Appellees resigned as officers and directors of Village Pizzeria and Restaurant.

On August 31, 1978 appellants filed a motion in equity seeking a preliminary injunction to prevent appellees from manufacturing or selling pizza or pizza related items at the Pine Hollow Golf Center and Restaurant pending the outcome of the equitable action instituted by appellants averring that the conduct of the pizzeria business at the golf center and restaurant was without the permission or consent of the appellants and was in derogation of the appellants' rights and the appellees' duties as co-tenants and co-officers and directors of Village Pizzeria and Restaurant, Inc.

At the time of the hearing on the preliminary injunction on November 13, 1978, the appellants acknowledged that they had already instituted a trespass action seeking damages for tortious interference with business relationships against the appellees. After listening to arguments of counsel, the Chancellor granted appellees' motion to dismiss the application for a preliminary injunction on the ground that appellants have an adequate remedy at law which they were pursuing. The ...


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