Superior Bedding Co. v. Erenberg

McMURRAY, J. pro tem. *

The plaintiffs 1 have appealed from an adverse judgment rendered by the court without jury on their action for specific performance of, and declaratory relief in connection with a written agreement of March 29, 1949, between two brothers, plaintiff Victor Erenberg and defendant David Erenberg.

The agreement was entered into on the severance of a business relationship which had theretofore existed between these brothers and provided for division of corporate and other property belonging to them. Under its terms, either party might become the “buyer” or “seller”;…