Cullen & Vaughn Co. v. Bender Co.

We will first give consideration to the claim of the Bender Company that the proceeding in the conservancy court was an adjudication of the respective rights of the parties to this controversy. We have already seen that the claims of the parties to this action made in the conservancy court related to entirely different matters — the one claiming for damages for leasehold, the other damages to the freehold — and that they were both represented by the same attorney. True, the claim of the Bender Company was allowed, and the claim of the Cullen & Yaughn Company was rejected. It should be stated…