Thompson v. Semmes

Minor W. Millwee, Justice.

Appellant, Paul Thompson, instituted this action as case No. 3479 in circuit court against appellee, C. M. Semmes, doing business as Semmes Motor Co., seeking actual and punitive damages in the sum of $2,529.22 for breach of appellee’s alleged contract to promptly repair appellant’s motor truck, which was damaged by fire in January, 1949. Appellee interposed a plea of res judicata which was sustained, and a verdict directed in appellee’s favor, at the conclusion of the testimony offered by appellant.

Appellee’s plea of res judicata is based on a judgment rendered in…