Robinson v. Bensabat

LOTTINGER, Judge.

Petitioner filed this suit against A. A. Bensabat, Jr. and Mort Silverman seeking the specific performance of alleged contracts or, in the alternative, damages for breach. Both defendants filed exceptions of misjoinder and defendant Silverman additionally filed an exception to the jurisdiction rationae personae. All of the exceptions were maintained below and the petitioner’s entire suit was dismissed. Petitioner filed this appeal.

TJhe petition sets forth that on November 18, 1953, petitioner and defendant A. A. Bensabat, Jr., entered into the following, contract:

“In…