Rashkin v. Pearce

HURLEY, Judge.

Appellants, plaintiffs below, contest the entry of an adverse summary final judgment. We conclude that the doctrine of res judicata was erroneously applied and, consequently, we reverse.

Appellants Max and Evelyn Rashkin leased certain property to Appellee Pearce for a term of three years, beginning May *54231, 1973, and ending May 31, 1976. Monthly lease payments were $1,200 plus royalties on milk produced by Pearce and a portion of utility expenses and property taxes. On October 19, 1973, the Rashkins filed suit against Pearce for the rents due since May 31, 1973, milk royalties and…