Smith v. Schmitt

The plaintiffs’ judgments referred to in our statement are severally based upon payments made by each of them to the Linnhaven Orchard Company on contracts between them and the company, wherein each of the plaintiffs contracted to purchase from the Linnhaven Orchard Company certain orchard tracts. The trial court had jurisdiction of the parties and of the subject matter of the suits wherein the judgments were rendered. It follows that in the absence of fraud such judgments are conclusive here.

In carrying out a plan to procure options to purchase real estate- and form a corporation to buy and…