Ghiringhelli v. Riboni

In this action for an accounting, when it appeared from the opening statement of counsel for plaintiff and from two exhibits offered by defendant that the identical issues in this action had been in issue in a prior action between the same parties, and that upon agreement of the parties the former action had been dismissed with prejudice, the trial court entered judgment for defendant. Plaintiff appeals.

Plaintiff makes no attack upon the agreement which was the basis of the dismissal of the prior action, but simply contends that he is entitled to an accounting. He makes no attempt at all to…