Price v. Clement

I am of the opinion that the result reached by the majority is wrong, whether i.t is based on the doctrine of res judicata or estoppel by judgment. The opinion does not make clear which doctrine is relied on. The distinction between the two is well defined and has been many times stated in the textbooks and decisions, but is often overlooked or misapplied. It is this: Res judicata applies where the same cause of action is involved in both actions, and the parties in the second action are concluded not only as to all matters actually litigated, but also as to all matters which might or should…