Siegel v. Knott

This is an action of contract or tort which comes before us for the second time. When the case was here before upon the appeal of the plaintiffs from an order sustaining the demurrer of the defendant to the plaintiffs’ declaration, this court ordered that the order sustaining the demurrer be reversed and that an order be made overruling the demurrer. Siegel v. Knott, 316 Mass. 526. After rescript, the case came on for trial in the court below before a jury. Among other defences set up in the defendant’s answer was res judicata based upon the ground that the cause of action set forth in the…