Bisbee Linseed Co. v. Paragon Paint & Varnish Corp.

SWAN, Circuit Judge.

This is an action upon a contract to purchase from the plaintiff a quantity of linseed oil deliverable in instalments. The defendant's answer set up as a complete defense a judgment entered in a prior litigation between the parties. At the close of the evidence, the trial court refused to submit the case to' the jury and granted the defendant’s motion to dismiss the complaint on the ground of res judicata. From the judgment of dismissal, with costs to the defendant, the plaintiff has appealed.

The former action was brought in 1931 upon the same contract. The first count was…