Nernst Lamp Co. v. Hill

Citations

• 243 Pa. 448
• 90 A. 137
• 1914 Pa. LEXIS 644

Syllabus

<p>Contracts — Defenses—Set-off—Evidence—Bes adjudicata.</p> <p>1. The true test for ascertaining whether a final determination in a former action is a bar, or not, to a subsequent action, is whether the evidence to support both is the same.</p> <p>2. The rule that what has once been judicially determined shall not again be made the subject of litigation, extends to every question in the proceeding that was legally cognizable.</p> <p>3. In an action of assumpsit to recover on a book account for goods sold and delivered,'the defendant will not be permitted to set up by way of set-off a claim for certain discounts alleged to have accrued under a prior contract between the parties, where it appears that the subject matter of the claim advanced by way of set-off had been passed upon adversely to the defendants’ contention by arbitrators, to whom the same question had been submitted, in a previous proceeding brought by the present defendants against the plaintiff, under an agreement that such award should be final.</p>