66 Pa. Super. 321 | Pa. Super. Ct. | 1917
Opinion by
The appellant presents but one assignment of error and that challenges the jurisdiction of the court on the ground that the subject of controversy exceeded $600 in value. The proceeding is a bill in equity to restrain the defendants from carrying on the business of selling candy, tobacco, cigars and other articles of merchandise in violation of an agreement entered into between the plaintiff and Louis Wohlmuth on the 26th of October, 1915, at which time the plaintiff bought from the said defendant the fixtures and contents of his store'at 4252 Main street in the City of Philadelphia. This contract provided that the “vendor shall not and will not engage as principal, agent or employee in a business of the same kind and nature within a radius of five full blocks from the store theretofore carried on by the said defendant.” The consideration for the sale was $675. The bill alleged that the defendant, Louis Wohlmuth, in violation of his agreement had opened and was conducting a similar and like business at 121 Levering street, Philadelphia, which location was less than five blocks from the premises purchased by the plaintiff and that while the business was carried on in the name of Eva Wohlmuth, the wife of Louis Wohlmuth, it was in reality managed, operated and maintained by the said Louis and in his behalf, the use of the name of Eva Wohlmuth being a mere subterfuge to enable her husband to avoid his contract with the complainant. The defendants filed an answer denying the material averments of the bill and the case was so proceeded with that the facts were found in favor of the complainant by the trial court and a decree nisi entered June 28, 1916, which was made final September 18, 1916. Ho objection to the jurisdiction of the court was suggested in the answer, the question having been first raised apparently July 1,-1916, in an exception filed to the decree. The position taken by the appellant’s counsel is that the contract of sale between the complainant and the defendant, Louis Wohlmuth, is
The assignment is overruled and the appeal dismissed at the cost of the appellant.