Speier v. Locust Laundry, Inc.

Citations

• 56 Pa. Super. 323
• 1914 Pa. Super. LEXIS 86

Syllabus

<p>Practice, C. P. — Affidavit of defense — Judgment—Opening judgment.</p> <p>1. Where the court has entered judgment for want of a sufficient affidavit of defense, and has subsequently discharged the rule to open the same judgment, and on appeal the defendant has assigned for error both the entry of the judgment and the refusal to open the judgment, the appellate court will consider only the sufficiency of the affidavit of defense, if it appears that the petition to open the judgment set up no defense which was not available to the defendant when he filed his affidavit of defense.</p> <p>Master and servant — Suit for wages — Successive installment — Res adjudicata.</p> <p>2. Where a contract of employment provides for weekly wages, a suit brought for all the installments then actually due, will not bar suits for later installments as they successively fall-due.</p> <p>Res adjudicata — Abatement of action — Entire contract — Distinct covenants — Master and servant — Affidavit of defense — Appeals.</p> <p>3. Where there are breaches of several and distinct covenants contained in the same instrument, and suit is brought claiming damages for some of the breaches, and subsequently a second action is commenced claiming damages for other breaches, all the causes of action having accrued at the time of bringing the first suit, the first action may be pleaded in abatement of the second.</p> <p>4. Where a contract of employment admitted to be an entire contract provides for the payment of weekly installments of wages, and also provides that certain personal property belonging to the plaintiff should become vested in the defendant at the end of the contract, upon the payment of a stated sum by the defendant to the plaintiff, and the plaintiff after an alleged wrongful discharge brings suit before the termination of the contract for the stated amount, and after the termination of the contract sues for his wages due, the pending of the first suit may be pleaded in abatement of