Murphy v. S-M Delaware, Inc.

Plaintiff, James M. Murphy, a sales supervisor and shareholder of defendant, S-M Delaware, Inc., known as Salerno-Megowen Biscuit Company (hereinafter referred to as Salerno), sold his shares of stock pursuant to a merger resolution, and, in conjunction therewith, executed a document entitled “SELLING STOCKHOLDERS’ CONSENT AND AGREEMENT” (hereinafter referred to as the Agreement). Subsequently plaintiff brought an action seeking, inter alia, a declaration that the release provision set forth in the Agreement did not bar his claim for earned sales commissions. Defendant’s motion for judgment…