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WILFRED MacDONALD v. CUSHMAN

256 N.J. Super. 58 (1992)

606 A.2d 407

WILFRED MACDONALD INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CUSHMAN INC., DEFENDANT-APPELLANT, AND STEVEN WILLAND, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1992.

Attorney(s) appearing for the Case

B. John Pendleton, Jr., argued the cause for appellant (McCarter & English, attorneys; Richard M. Eittreim, of counsel; Richard M. Eittreim and B. John Pendleton, on the briefs).

Scott Sheldon, argued the cause for respondent (Carpenter, Bennett & Morrissey, attorneys; Francis X. Ferrara and Scott Sheldon of counsel; Stephen F. Payerle and Barry Gerstein, on the brief).

Before Judges MICHELS, HAVEY and CONLEY.

The opinion of the court was delivered by CONLEY, J.S.C. (temporarily assigned).

By leave granted defendant Cushman Inc. (Cushman) appeals a preliminary injunction restraining it from terminating a portion of its "Master Dealership Agreement" with plaintiff Wilfred MacDonald Inc. (MacDonald) and denying its motion to dismiss MacDonald's complaint based upon a forum selection clause in the agreement. We reverse the denial of the motion to dismiss and thus need not...

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