280 Pa. 566 | Pa. | 1924
Opinion by
The chancellor who heard this case sustained a demurrer to plaintiff’s bill for specific performance and from this decree an appeal has boon taken.
Appellant’s main contention is that the prior proceeding did not adjudicate his rights and that he can maintain this one. Conditions would be intolerable in the administration of equity if in a proceeding a court could be called upon in one case to grant the very relief which it had forbade by injunction in another. In Union Trust Co. v. Southern Inland Navigation and Improvement Co., 130 U. S. 565, 9 Sup. Ct. R. 606, trustees had been restrained from consummating an agreement they had made to sell certain lands. In a later proceeding instituted by the purchaser to affirm the sale which had been made, the court said (p. 570) : “The injunction bound the trustees, and they, and all other parties to the suit, who were before the court, were concluded by the decree subsequently rendered in respect to the disposition of the lands that were the subject-matter of the litigation.”
The decree of the eofirt below is affirmed at the cost of ápptellant.