Ede v. Hahn

Opinion by

Ervin, J.,

The sole question presented by this appeal is whether the counterclaim in the present action is res judicata.

On April 6, 1959 plaintiff, Francis H. S. Ede, assignee of Frederick F. Andrews and Rosemarie L. Andrews, brought an action in assumpsit against defendant, Clark Hahn. In the complaint it was averred that defendant Hahn brought an action of replevin, with bond, as of No. 78 April Term, 1949, against the Andrews, resulting in the delivery of an oil truck to Hahn; that a judgment was entered against Hahn in the amount of $2,500.00, which judgment was affirmed by the…