Anhaltzer v. Benedum
Supreme Court of Pennsylvania
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.
1Opinion 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.
2Cases cited2 opinions
- Jenkins v. ScrantonSupreme Court of Pennsylvania · 1903
- Thompson v. GrahamSupreme Court of Pennsylvania · 1914
3Cited by2 opinions
- Walton's EstatePennsylvania Orphans' Court, Philadelphia County · 1924
- Willing's EstateSupreme Court of Pennsylvania · 1926