Lev v. Aamco Automatic Transmissions, Inc.

TRAVIA, District Judge.

Plaintiffs instituted this action to (1) seek recission of a franchise agreement entered into by the Plaintiffs and Defendant on May 18, 1967, and (2) recover damages for loss of profits accruable under either the franchise agreement with the Defendant or a lease agreement with AAMCO Properties, Inc. The Defendant filed an answer raising as its fourth defense the clause of the licensing agreement which reads as follows:

Licensee further agrees that it will bring any legal proceedings arising out of this Agreement only in the Courts of Record of Philadelphia County,…