No. 1805 Oct. Term, 1979, APPEAL FROM ORDER OF HONORABLE JULIAN KING ENTERED ON THE 17TH DAY OF JULY, 1979, PHILADELPHIA COUNTY COURT OF COMMON PLEAS, TRIAL DIVISION, No. 3017 APRIL TERM, 1979.
Manya L. Kamerling, Philadelphia, for appellants.
Anthony B. Quinn, Philadelphia, for appellee.
Watkins, Brosky and Cirillo, JJ.*fn*
[ 281 Pa. Super. Page 622]
This is an appeal from the dismissal of plaintiffs' Amended Complaint following Preliminary Objections on the grounds of lis pendens.
This is the third suit arising out of a shareholders agreement entered into by Arnold Cohen and Abraham Glazer, which created Leader Industries, Inc. The corporate stock of Leader Industries, Inc., is owned fifty percent by Cohen and fifty percent by Glazer. The shareholders agreement provides in pertinent part:
1.3 The initial and principle business of Corporation is the manufacture and sale of furniture. Cohen is presently in the bedding business trading as Cambridge Industries, Inc. ("Cambridge") and Glazer is a manufacturer's representative trading as A. G. Sales Co. ("A.G.").
Cohen agrees to cause Cambridge to deliver to Corporation at least 100 sets of bedding (box spring and mattress) per week, unless mutually agreed to contrary, at cost and with no profit to Cohen or Cambridge.
1.5 Cohen and/or Cambridge will not sell bedding to any customers other than Corporation, Home Yene Furniture (Phila., Pa.) and Nelsons (Kingston, Pa.). All other sales shall be made through Corporation.
[ 281 Pa. Super. Page 6231]
.6 Glazer and/or A. G. shall not sell any line of bedding during the term of this agreement other than that supplied by Cohen and/or Cambridge.
In the spring of 1978, some disharmony developed and in June 1978 Glazer sent Cohen a letter terminating the agreement; Glazer also formed Leader Bedding, Inc., a firm engaged ...