Vulcan Iron Works v. Kent Lumber Co.
Vulcan Iron Works v. Kent Lumber Co.
Opinion of the Court
Appellant brought this action to recover from respondent for two items under a contract of lease entered into between, the parties, which items are as follows: (1) For the expenses of shipping a logging engine from Barnston to Seattle in King county, alleged to be $493.50, and (2) for repairs of said engine amounting to $62.34. The respondent pleaded a former adjudication, which was sustained by the trial court. Plaintiff appeals.
The facts are not disputed. It appears that the appellant in this action, some time in July, 1903, brought an action in replevin to recover possession of a certain logging engine, and for damages. At the time that action was begun, the property was delivered by the sheriff into the possession of the plaintiff therein. Thereafter, in September, 1903, the
Subsequently, appellant brought tbis action to recover for tbe same items alleged in tbe supplemental complaint in tbe replevin action. Tbe cause was tried to tbe same court and judge who tried tbe replevin action, and, upon the record in that case, the court found that there was a former adjudication of the issues in this case, and dismissed the action. We think these facts clearly show a former adjudication of tbe question in issue, and bring this case clearly within the case of Stern v. Washington Nat. Bank, 14 Wash. 511, 45 Pac. 37.
Tbe judgment of tbe lower court is affirmed for tbe reasons therein stated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.