Sconce v. Long Bell Lumber Co.

— This suit is for the conversion of certain sawed lumber. There was a judgment in favor of the plaintiffs for the value of the lumber, and an appeal therefrom.

The answer of the appellant was a • general denial, and a special plea of res judicata, based on a judgment in its favor in an action of replevin for this lumber to which the respondents were parties. The evidence tended to prove that the respondents were employed to saw lumber for the McCaskill Mercantile Land and Lumber Co. under a contract providing for monthly payments ; that the lumber was stacked up and billed out according to…