McElhinney v. Belsky

Winnet, J.,

— This case seems to be one of first impression. The question arises on preliminary objections to plaintiff’s complaint: Whether a transfer of a business by an owner to a partnership of which he is a member is a breach of an exclusive agency contract to sell the business.

Plaintiff’s complaint states that pursuant to a written exclusive agency contract plaintiff undertook to sell the manufacturing business of this defendant. The agreement provides that plaintiff would be entitled to a commission during the term of the contract whether the sale or exchange is effected by plaintiff,…