Speier v. Locust Laundry
Superior Court of Pennsylvania
Appeal, No. 265, Oct. T., 1915, by defendant, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 4952, making absolute rule to consolidate actions and to amend statement in case of Herman Speier y. Locust Laundry. Rules to consolidate actions and to permit amendment of statement. The facts appear by the report of the former appeal, 56 Pa. Superior Ct. 328, and by the opinion of the Superior Court.
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Appeal, No. 265, Oct. T., 1915, by defendant, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 4952, making absolute rule to consolidate actions and to amend statement in case of Herman Speier y. Locust Laundry. Rules to consolidate actions and to permit amendment of statement. The facts appear by the report of the former appeal, 56 Pa. Superior Ct. 328, and by the opinion of the Superior Court. Errors assigned were in the following form : 1. The learned court erred in making absolute the plaintiff’s rule to consolidate the action pending in the Court of Common Pleas No. 3, of…
1Opinion of the Court
Opinion by
Rice, P. J.,
The judgment of this court on the former appeal .(56 Pa. Superior Ct. 323) did not abate the action. The plaintiff still had two actions pending, the present one and the prior action in C. P. No. 3;' both claims arose directly out of the same contract, which was conceded by the pleadings to be an entire contract; both claims were due at the inception of the first suit; both were money demands; and both involved, if they did not entirely depend upon, the same" breach of contract, namely the wrongful discharge of the plaintiff. As was further pointed out in the opinion…
2Cases cited8 opinions
- Stradley v. Bath Portland Cement Co.Supreme Court of Pennsylvania · 1910
- Emery v. SteckelSupreme Court of Pennsylvania · 1889
- Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
- Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania · 1898
- Allen v. International Text Book Co.Supreme Court of Pennsylvania · 1902
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3Cited by4 opinions
- Gordon v. TomeiSuperior Court of Pennsylvania · 1940
- Savitz v. GALLACCIOSuperior Court of Pennsylvania · 1955
- Russell v. Barnes FoundationDistrict Court, E.D. Pennsylvania · 1943
- Weidner v. Augustine Construction Co., Pennsylvania Court of Common Pleas, Philadelphia County1946