Kreider v. Kleinfelter

HOFFMAN, Judge:

Appellant contends that the lower court erred in granting appellees’ motion for judgment on the pleadings based on res judicata. We agree that the requirements for res judicata have not been met and, accordingly, reverse and remand for proceedings consistent with this opinion.

In the summer of 1976, appellees allegedly entered into an oral contract with Allen L. Brown, appellant’s employee, whereby Brown would receive a commission if he secured a purchaser for appellees’ real estate and business. On August 31, 1977, after producing a buyer and unsuccessfully attempting to…