Probst v. Weigand

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Pete Probst to recover a balance alleged to be due to him from the Weigand Tea & Coffee Company for services rendered as a coffee roaster. Plaintiff recovered judgment for $1,278.75, and defendant appeals.

The principal point of contention in the appeal is the application of the doctrine of res judicata. It appears that plaintiff was employed by the copartnership of the Weigand Tea & Coffee Company, composed of W. A. Weigand and E. J. Weigand, as a coffee roaster, and the roaster was to be furnished by him. He…