Sharpless v. Zelley

Citations

• 47 Pa. Super. 84
• 1911 Pa. Super. LEXIS 116

Syllabus

<p>Landlord, and tenant — Rent—Repairs—Actions for successive installments of rent — Res adjudicata — Estoppel.</p> <p>1. Where a landlord brings two actions for successive installments of rent, and in each action the tenant while not denying the validity of the lease claims that the landlord was not entitled to the full amount of the rent because of the failure to make certain repairs, and in each case there is a verdict for the landlord less than the amount of the rent claimed, such actions are not res adjudicata against the landlord of an action for the final installment of rent.</p> <p>2. On the trial of the third action the court may examine the charge of the court in the prior action to ascertain what questions were therein submitted to the jury.</p> <p>3. The estoppel of a judgment extends only to the questions directly involved in the issue, and not to any incidental or collateral matter though it may have arisen and been passed upon.</p>