Pulse Technologies, Aplt v. Notaro, P., et al (concurring)

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[J-94-2012][M.O. Eakin, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT PULSE TECHNOLOGIES, INC., Appellant v. PETER NOTARO AND MK PRECISION LLC, Appellees : : : : : : : : : : : : : No. 6 MAP 2012 Appeal from the Order of the Superior Court at No. 2424 EDA 2010 dated 5/23/11, reconsideration denied 7/26/11, which reversed, vacated, and remanded the order of the Bucks County Court of Common Pleas, Criminal Division, at No. 2010-0270636-5 dated 7/29/10 ARGUED: September 12, 2012 CONCURRING OPINION MR. JUSTICE SAYLOR DECIDED: MAY 29, 2013 Similar to the expression of Madame Justice Todd, I have reservations about treating the letter agreement executed by Appellant and Appellee Peter Notaro as something less than a contract. Indeed, if Appellant had attempted to repudiate its commitment and deny employment to Notaro without good cause, the letter agreement would seem to me to be sufficient to give rise to a cause of action for breach.1 For these reasons, I view the result in this case less as a close application of the law 1 There is a wealth of discussion in the literature concerning pre-contractual agreements and the difficulty inherent in determining, temporally, when the parties consider themselves to be bound. See, e.g., 1 W ILLISTON ON CONTRACTS §4:11 (4th ed. 2012); Browning Jeffries, Preliminary Negotiations or Binding Obligations? A Framework for Determining the Intent of the Parties, 48 GONZ. L. REV. 1 (2012-2013). associated with pre-contractual agreements and more as a movement away from the approach to restrictive covenants reflected in George W. Kistler, Inc. v. O Brien, 464 Pa. 475, 347 A.2d 311 (1975). [J-94-2012][M.O. Eakin, J.] - 2

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