Webb v. Gorman

Citations

• 66 Pa. Super. 166
• 1917 Pa. Super. LEXIS 217

Syllabus

<p>Bes -adjudicata — Joint action — Separate action — Parties—Practice, C. P. — Subject-matter.</p> <p>Where two persons bring separate actions and their right of action is on a joint contract, and in each case a verdict is directed in favor of the defendant because the actions were wrongly brought, and without consideration of the merits of the case, such disposal of the two cases is not res adjudicata of a joint action subsequently brought by the two parties on the contract with the defendant. In such a case neither the parties nor the subject-matter are the same in the two proceedings.</p>