Grear v. Buholz
Superior Court of Pennsylvania
Appeal, No. 254, Oct, T., 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1911, No. 5189, on verdict .for plaintiff in case of Richard D. Crear and Edith M. Grear v. William Buholz. Assumpsit for breach of contract. Before Patterson, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $275. Defendant appealed.
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Appeal, No. 254, Oct, T., 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1911, No. 5189, on verdict .for plaintiff in case of Richard D. Crear and Edith M. Grear v. William Buholz. Assumpsit for breach of contract. Before Patterson, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $275. Defendant appealed. Errors assigned were (1) in granting petition for re-argument, (2) in revoking orders allowing motion for judgment n. o. v. and (3) in directing judgment to be entered on verdict, and in overruling motions for…
1Opinion of the Court
Opinion by
Trexler, J.,
The defendant claims that the matters involved in this trial have been adjudicated in a former trial. It appears however that no judgment was ever entered on the verdict. This is fatal to the plea. “No question becomes res ad judicata until it is settled by a final judgment. For this reason the verdict of a jury is not admissible as evidence to create an estoppel, before it has received the sanction of the court by passihg into a judgment”: Dougherty v. Lehigh Coal & Navigation Co., 202 Pa. 635.
The only other question which requires notice is whether or not the court had…
2Cases cited1 opinion
- Dougherty v. Lehigh Coal & Navigation CompanySupreme Court of Pennsylvania · 1902
3Cited by6 opinions
- American Surety Co. of New York v. DicksonSupreme Court of Pennsylvania · 1942
- Werry Et Ux. v. SheldonSuperior Court of Pennsylvania · 1941
- Kannel v. KennedyCourt of Appeals for the Third Circuit · 1937
- Commonwealth v. HiltonSuperior Court of Pennsylvania · 1918
- John McShain, Inc. v. Cessna Aircraft Co., Pennsylvania Court of Common Pleas, Philadelphia County1975
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