Betker v. Oppel

Plaintiffs appeal from a summary judgment denying relief for the reason that the issue was res judicata.

*360The action was for the return of money paid by the plaintiffs and their assignors toward the purchase of certain described real property sold under a contract. The vendors, as defendants, filed an answer alleging in substance that the relief sought by the amended complaint had been denied in a prior judgment in the same court. The pleadings and judgment in the former action were attached to the answer as exhibits and were incorporated by reference in the answer.

The trial court “received”…