Anhaltzer v. Benedum

Supreme Court of Pennsylvania January 5, 1920

Anhaltzer v. Benedum, 266 Pa. 113 (Pa. 1920)

109 A. 597; 1920 Pa. LEXIS 513

Brown, Frazer, Kephart, Moschzisker, Simpson, Walling

Opinion of the Court

Per Curiam,

The action in the court below was for an alleged breach of a written contract. Prior to the institution of it the plaintiff had brought another action on the same contract and recovered. It is admitted that what he now claims, if owing to him, was due at the time he brought the first suit. His recovery in it barred the present action: Jenkins v. Scranton, 205 Pa. 598; Thompson v. Graham, 246 Pa. 202. This was the correct view of the court below, and the judgment is affirmed.

Judgment affirmed.

Reference

Cited By: 2 cases
Status: Published
Syllabus: Contract — Two suits on same contract — Failure to include whole claim in first suit — Res adjudicata. Where a person brings suit on a written contract and fails to include all that was due to him at the time on the contract, he cannot recover, in a second suit on the same contract, the amount omitted in the first suit.