Solomon L. Pakas, Appellant v. William R. Hollingshead, Respondents

Summary

The Court held that a prior judgment for breach of an entire contract bars any subsequent action for the same contract, even when performance was to occur in installments. Because the contract was entire, the plaintiff must recover all damages in a single suit or wait until full performance, and cannot split the claim into successive actions. The judgment of the City Court was therefore affirmed. Justice Cullen dissented, arguing that the plaintiff should be free to elect to continue the contract and sue for each breach separately.