Freeport Investment Co. v. R.A. Gray & Co.

In this contract action, the trial court granted defendant’s motion for summary judgment on the ground that the action was barred by res judicata. The earlier action between plaintiff (Freeport) and defendant (Gray) was a third-party claim in Klimp v. Freeport Investment Co. Freeport had joined Gray as a third-party defendant, asserting breach of contract claims that would result in Gray’s indemnification of Freeport for any recovery Klimp might obtain against Freeport.1 Klimp’s three claims against Freeport for recission, breach of contract and misrepresentation arose as a consequence of the…