Zimmerman v. Enterprise Wall Paper Manufacturing Co.

Motion by the defendant, pursuant to rule 110 of the Buies of Civil Practice, to dismiss the complaint upon the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits, determining the same cause of action between the parties. Cross motion by the plaintiff, pursuant to rule 109 of the Buies of Civil Practice, to dismiss, as insufficient in law, the defense of res judicata asserted in the answer and “ For summary judgment dismissing the aforesaid defense ’

This action is based upon a written employment contract pursuant to which the defendant…