Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.
The judgment which is claimed to constitute the bar to the action was rendered in an action in which plaintiff sought to establish an agreement on the part of the respondent to reconvey the property. The issues of fraud, tendered in the instant action, were not there litigated, and a favorable judgment in the present action would not affect the earlier determination. (See Schuylkill...
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