Super Service Products Corp. v. North Store Corp.

I concur with so much of the majority , opinion as affirms the action of the trial judge in entering a summary final judgment in favor of the appellees as to counts two and three of the complaint. But, I dissent from that portion of the opinion that reversed as to the summary final judgment in favor of the appellees as to count one.

The prior action sought specific performance of a contract to make a lease. The appellant did not prevail in that action. How can he now proceed with a new and independent action seeking damages under an alleged contract, which the court in the prior case found not…