A. B. Veirs, Inc. v. Whalen

The appellant, A. B. Veirs, Inc. (Veirs), plaintiff below, urges upon us that the Circuit Court for Montgomery County (Shure, J.) erred in passing its order of April 3, 1969, sustaining the demurrer of the appellee, Cornelius M. Whalen, defendant below, to the Amended Bill of Complaint filed by Veirs, without leave to amend, upon two grounds: (1) that the equity suit was barred by a judgment entered against Veirs in a prior action at law upon the principle of res judicata and (2) that the amended bill of complaint stated no cause of action in equity.

Judge Pugh on September 4, 1968, had…