Perry v. Farley Bros. Moving & Storage, Inc.

Opinion

IRWIN, J. *

Plaintiff appeals from a summary judgment striking the complaint and dismissing her action to enjoin the sale of personal property by the defendant storage company for nonpayment of charges. The judgment was based upon uncontroverted proof that identical issues between the same parties in a prior municipal court action had been determined on the merits.

In June 1965 defendant gave plaintiff an estimate of charges for moving and storing certain items of plaintiff’s household goods. Thereafter plaintiff executed a written contract fixing charges greater in amount than those set…