Eisenhower v. School District

Citations

• 13 Pa. Super. 51
• 1900 Pa. Super. LEXIS 109

Syllabus

<p>Indivisible contraet — Right of action — One recovery final.</p> <p>An action brought for a part of an entire and indivisible demand and a recovery therein will bar a subsequent suit for the residue of the same demand.</p> <p>“ Contract of teacher — Recovery for breach.</p> <p>A school teacher having been improperly dismissed from his office brought suit and recovered for one month’s salary. He subsequently brought suit claiming for the next eight months’ salary. Held, that the claim was an entire one; that the plaintiff was not entitled to either salary or wages eo nomine, but that he had a right to claim damages; that an immediate right of action inured to the plaintiff, upon his dismissal, to recover actual damages sustained by such dismissal, and that the payment of the judgment recovered in the first suit was a bar to any further action or recovery.</p>