Larkins v. Lindsay

Citations

• 205 Pa. 534
• 55 A. 184
• 1903 Pa. LEXIS 610

Syllabus

<p>Equity — Res adjudioata — Remedy at law.</p> <p>A decree in equity is not like a judgment at law necessarily conclusive as to every matter which either was or might have been involved in the decision. Regard must be had to the reasons of the chancellor as well as to his decree, for the case may have been disposed of on grounds of adequate remedy at law, or other reasons not involving the merits. But where the merits, or any facts material to the final determination of the controversy, have been considered and passed on, the matter is as much res adjudícala as it would be by a judgment at law.</p> <p>In an action at law for breach of covenant to exchange lands, it appeared that the covenant provided that “ the titles in both cases are to be clear of all liens, marketable and insurable.” Prior to the institution of the action a bill had been filed by the plaintiff for specific performance of the same covenant, and after hearing on the merits was dismissed'on the ground that the plaintiff’s title was not marketable. Held, that the decree in equity was a final adjudication of the question of marketable title.</p>