West Virginia Sanitary Engineering Corp. v. Kurish

Browning, Judge:

The West Virginia Sanitary Engineering Corporation instituted in the Circuit Court of Webster County an action of assumpsit against Bessie E. Kurish, seeking recovery of an amount alleged to be due under the terms of a contract executed between plaintiff and defendant, whereby plaintiff was to construct a certain building upon land owned by defendant. Defendant filed- a plea of res judicata and the trial court, having sustained a demurrer to the plea, certified to this Court the following questions:

“1. Does the Amended Plea of Res Judicata state a good defense in bar to the…