KIELY v. CUNNINGHAM EQUIPMENT, INC.


387 Pa. 598 (1957)

Kiely, Appellant, v. J.A. Cunningham Equipment, Inc.

Supreme Court of Pennsylvania.

January 17, 1957.


Attorney(s) appearing for the Case

Edwin B. Barnett, with him Strong, Sullivan, Saylor & Ferguson, for appellants.

William E. Schubert, Jr., with him Thomas M. Schubert, for appellee.

Before STERN, C.J., JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE JONES, January 17, 1957:

This appeal is from an order dismissing the plaintiffs' complaint in an action of assumpsit on the ground that the subject-matter is res judicata. In the priorly adjudicated action, the plaintiffs had sought to rescind their written order for the purchase of a welding machine from the defendant which the latter had duly delivered and for which the plaintiffs had paid in full. The cause of action pleaded...

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