Wm. H. Jamouneau Co. v. Wetherill

The opinion of the court was delivered by

Minturn, J.

The plaintiff brought suit on a contract against 'defendant to recover the price of a machine alleged to have been sold to her. The trial court found that there had been no sale, and gave judgment for defendant. The-plaintiff then brought this suit in tort to recover damages for the unlawful conversion of the machine. Without the introduction' of any testimony the court again gave judgment for the defendant upon the theory of res adjudicata. In this we think the court erred. The first suit was on contract, involving only the question whether…