Boyertown Oil Co. v. Osan Manufacturing Co.

CIRILLO, President Judge,

dissenting:

Boyertown Oil Company, Inc. (Boyertown) was awarded a partial summary judgment against Osan Manufacturing Company, Inc. (Osan) for the price of oil delivered to Osan on three separate occasions. The majority holds that Boyertown may enforce this partial judgment despite the fact that the amount due for a fourth delivery is in dispute and Osan’s counterclaim against Boyertown for damages has not been fully and finally litigated. I respectfully dissent.

This is an appeal from an order entered by the Court of Common Pleas of Berks County whereby appellee,…