Action was brought to enjoin defendant from terminating plaintiff's distributing rights agreement with defendant. The Court of Common Pleas, Civil Division, Allegheny County, No. GD86–1680, Musmanno, J., entered judgment for defendant, and plaintiff appealed. The Superior Court, No. 1819 Pittsburgh 1988, Rowley, J., held that: (1) plaintiff's out-of-territory sales of defendant's products constituted good cause to terminate the agreement; (2) defendant was not equitably estopped from terminating the agreement; and (3) distributor “cured” its out-of-territory sale of defendant's products within 90 days of defendant's notice of its intent to terminate the agreement. Reversed and remanded. Procedural Posture(s): On Appeal.
Superior Court of Pennsylvania
Hon. James R. Cavanaugh, Brosky, Rowley, JJ.
William Stang, Pittsburgh, for appellant. Roslyn M. Litman, Pittsburgh, for appellee.
569 A.2d 951