Rugby Milling Co. v. Logosz

VOGEL, Justice.

This is an appeal from a summary judgment on a promissory note executed by the defendant Logosz, a farmer, in favor of Rugby Milling Company, owner and operator of a grain elevator.

We affirm.

Logosz asserts that the trial judge erred in granting Rugby Milling’s motion for summary judgment, and particularly in ruling that Logosz failed to affirmatively plead failure of consideration and in ruling that a stipulation and judgment of dismissal of a prior action, with prejudice and on the merits, was res judicata as to the claim in the present action.

The dispute between the parties…