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VINCENT DELCONTE v. MICHAEL STEFONICK (08/31/79)

August 31, 1979

VINCENT DELCONTE, APPELLANT,
v.
MICHAEL STEFONICK



No. 2340 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County No. 78-3322.

COUNSEL

Robert J. Kerns, Lansdale, for appellant.

Brian McDevitt, Norristown, for appellee.

Hester, Hoffman and Catania, JJ.

Author: Hoffman

[ 268 Pa. Super. Page 574]

Appellant, Vincent DelConte, contends that the trial court erred in sustaining appellee's preliminary objections which alleged, inter alia, that the complaint did not conform to law because it failed to state a cause of action upon which relief could be granted. We agree and, accordingly, reverse the order of the trial court and remand for further proceedings.

[ 268 Pa. Super. Page 575]

On March 9, 1978, appellant filed a complaint in equity seeking a preliminary injunction, damages and other relief. See Pa.R.C.P. 1017(a). On March 20, 1978, appellee filed preliminary objections to the complaint. See Pa.R.C.P. 1017(b)(2), (4). The trial court granted the preliminary objections and dismissed the complaint. This appeal followed.

The complaint alleged that, in July, 1977, appellee proposed to appellant that they jointly purchase a restaurant, which would be known by appellant's name, DelConte. Subsequently, appellee alone bought the restaurant and registered appellant's name as a fictitious name for the establishment. Appellant, then employed as a bartender at another restaurant, quit his job to become manager of "DelConte's." Paragraph 8 of the complaint alleged that appellee induced appellant by "fraudulent misrepresentations" to leave his employment to become manager of the new restaurant, where he worked long hours for a salary much less than that to which he was entitled, worked two weeks without pay and paid money out of his own funds for improvements to the restaurant. Paragraph 9 alleged:

"9. [Appellee] made the following representations to [appellant] which were false and fraudulent and in bad faith:

"(a) That [appellant] and [appellee] would become partners in the bar-restaurant business.

"(b) That [appellant] and [appellee] would enter into a Partnership Agreement.

"(c) That if the business were sold, the profits would be split evenly between ...


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