Wisconsin Supreme Court, 1905

Arnold v. Randall

Arnold v. Randall
Wisconsin Supreme Court · Decided January 31, 1905 · Dodge
124 Wis. 1; 102 N.W. 340; 1905 Wisc. LEXIS 52
Arnold v. Randall

Cases that cite this one

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Opinion of the Court

Dodge, J.

The only cause of action stated in the complaint is predicated upon the existence and breach of an agreement by Randall to pay to the mortgagee the amount of his debt, and therefore must fail because, in another action between the same parties, and upon the same evidence (Arnold, v. Randall, 121 Wis. 462, 98 N. W. 239), it was finally adjudicated that no such promise was made, which is, therefore, res adjudícala and conclusive in this action. Grunert v. Spalding, 104 Wis. 193, 220, 80 N. W. 589.

By live Court. — Judgment reversed, and cause remanded with directions to enter judgment dismissing the complaint.

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