Kiely v. J. A. Cunningham Equipment, Inc.

Opinion by

Mr. Chief Justice Jones,

This appeal is from an order dismissing the plaintiffs’ complaint in an action of assumpsit on the ground that the subject-matter is res judicata. In the priorly adjudicated action, the plaintiffs had sought to rescind their written order for the purchase of a welding machine from the defendant which the latter had duly delivered and for which the plaintiffs had paid in full. The cause of action pleaded in that suit was the de fendant’s alleged breach of warranty with respect to the machine sold and delivered. The damages claimed were for the original…