Dwyer v. Jung

336 A.2d 498 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Dwyer, Lisbona (Ps), and Jung (D) entered a partnership agreement for the practice of law. The agreement stated that upon dissolution, each partner would be entitled to a repayment of capital and a distributive share of remaining profits and net assets. The agreement also stated that all clients listed in exhibit 'A' shall be designated to certain individual partners. The agreement stated that upon termination all partners shall be restricted from doing business with a client designated as that of another partner for a period of 5 (five) years. The Exhibit contained a list of insurance carriers; 154 were designated to D as his clients, 5 were designated to Dwyer and none were ascribed to Lisbona. On June 7, 1974, D notified Ps that the partnership was dissolved. In this action brought for an accounting D, by way of counterclaim, contends that Ps have violated the restrictive covenant contained in the partnership agreement which designates or assigns certain clients to partners in the event of dissolution. Ps argue that the provision is void as against public policy.