Anhaltzer v. Benedum

Anhaltzer v. Benedum, 109 A. 597 (Pa. 1920)

Court: Supreme Court of Pennsylvania · State Highest Courts
Decided: January 5, 1920
Docket: Nos. , No. 97
Judges: Brown, Frazer, Kephart, Moschzisker, Simpson, Walling
Citations: 109 A. 597266 Pa. 1131920 Pa. LEXIS 513
Disposition: Affirmed.

Cited by 2

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.

Summary

Appeal, No. 97, Oct. T., 1919, by plaintiff, from judgment of O. P. Allegheny Co., July T., 1918, No. 434, on verdict for defendants in case of Henry Anhaltzer v. M. L. Benedum and J. O. Trees. Assumpsit on a written contract. Before Swearingen, J. Verdict for defendants by instruction of the court. Judgment was entered on the verdict. Plaintiff appealed. Error assigned was in refusing plaintiff’s motion for judgment n. o. v.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 2 cases

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Relies on it most ⓘ

Willing's Estate135 A. 751 (Pa. 1926) · Dissent
Walton's Estate5 Pa. D. & C. 389 (1924)

Most recent

Willing's Estate135 A. 751 (Pa. 1926) · Dissent
Walton's Estate5 Pa. D. & C. 389 (1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Jenkins v. Scranton, 55 A. 788 (Pa. 1903)	12
	Thompson v. Graham, 92 A. 118 (Pa. 1914)	8

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