A.C. Elfman & Sons, Inc. v. Clime

WIEAND, Judge:

The issue in this appeal involves an application of the doctrine of res judicata. The trial court refused to apply the doctrine because judgment in a prior action between the same parties had been entered by agreement before a district justice and because, in the trial court’s opinion, it did not constitute a final adjudication of the merits. We reverse.

Frederick and Veronica Clime, husband and wife, entered an oral agreement with A.C. Elfman & Sons, Inc., a contractor, by which the contractor agreed to make repairs to Climes’ home. When the Climes failed to pay a balance which…