No. 981 Pittsburgh, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Westmoreland County, No. 2625 of 1980.
James J. Ahearn, Ligonier, for appellant.
David B. Freeman, Ligonier, for appellees.
Spaeth, Hester and Watkins, JJ. Spaeth, J., concurs in the result.
[ 302 Pa. Super. Page 74]
Presently before the court is the appeal of William A. Hoza from the order of the lower court, dated September 3, 1980, wherein the preliminary objections of appellee, Thomas Turnbull, were sustained and appellant's complaint against Turnbull dismissed.*fn1
[ 302 Pa. Super. Page 75]
For the reason that we feel that the lower court abused its discretion in failing to grant appellant leave to amend his complaint, we reverse and remand.
On October 12, 1979, appellant and Thomas E. Hoza entered into an agreement which provided:
This agreement made the 12th day of October, 1979 by and between Thomas E. Hoza and William A. Hoza.
WHEREAS the parties hereto previously entered into an agreement dated August 13, 1971 concerning their respective interest in and rights with respect to a bar business known as Hoza's Bar in Ligonier, Pennsylvania and:
WHEREAS the parties now contemplate the sale of that business and wish to establish and determine their respective rights to the proceeds of that contemplated sale:
IT IS THEREFORE AGREED AS FOLLOWS:
1. Thomas E. Hoza shall have the right to sell, transfer and assign the liquor license with respect to the operation of Hoza's Bar now held in his name, and the equipment, inventory and other assets of that bar business, upon terms he considers reasonable and appropriate provided however that such sale results in net cash proceeds of at least $15,000 and provided Thomas E. Hoza keeps William A. Hoza fully informed of all significant developments concerning sales negotiations, particularly the time and place of anticipated closing, and the agreed selling price.
2. Thomas E. Hoza shall, immediately upon the closing of the sale of the bar business, pay to William A. Hoza the sum of $15,000 which William A. Hoza shall accept as payment in full for all of his right and interest in said bar business whether resulting from the terms of the agreement of August 13, 1971, from the terms of this agreement or ...