Leshem v. Leshem

Seitz, Vice-Chancellor:

Defendant has moved to dismiss plaintiff’s complaint seeking to require the defendant to transfer a retail liquor business to the plaintiff pursuant to their alleged oral agreement.

Since this is the decision on the defendant’s motion to dismiss the complaint, the allegations of the complaint must be taken to be true. The complaint shows that the plaintiff and the defendant are brothers. In April 1939 the plaintiff had agreed to purchase a retail liquor business from the owner of the business for the sum of $2,300. The plaintiff and his brother Max Leshem asked the…