Gossner v. Dairymen Associates, Inc.

I respectfully dissent.

I deem the affirmance of the present action to be erroneous in two respects. First, the claim asserted by the Farmers1 in the trial below, and adopted by the triers of fact therein, should have been precluded by the doctrine of res judicata. Second, the trial court’s denial of the Bank’s motion for a directed verdict on the issue of contract termination with respect to Dairymen should have been granted, as (1) the evidence appearing of record establishes, as a matter of law, that no such termination occurred, and (2) the verdict establishing such termination and…