Evans v. Ely

WOOLLEY, Circuit Judge.

There were two suits in assumpsit between the same parties, arising out of the same transaction, tried in the same court on substantially the same evidence but on different causes of action. In the latter action, the one here on appeal, the trial" court directed a verdict for the defendant on holding that the judgment in the former action — in which it found the same matters here involved had been determined —operates as an estoppel of the instant suit and on a finding that, apart from the doctrine of estoppel, the evidence does not sustain the contract or contracts…