Sapienza v. Bass

The trial judge entered the following order of dismissal which is here appealed:

“The plaintiff sued the defendant in an action at law. His complaint alleges that the parties entered into a partnership agreement, which was attached to and made a part of the complaint. It sought to recover $5,000.00 evidenced by the defendant’s promissory note dated March 9, 1960 and payable to the plaintiff on December 1, 1960. The partnership agreement provided among other things:

‘“Paragraph 11(C) (1) Should the failure or refusal to continue with the partnership be expressed within two years of the date of…