Paverite, Inc. v. ITT Industrial Credit Co.

OPINION

SANDERS, Judge.

The Plaintiffs have appealed from a summary judgment based on res adjudicata. The Plaintiffs-Appellants, Paverite, Inc., Melvin J. McClellan and wife, Betty McClellan, filed suit in the circuit court against the Defendant-Appellee, ITT Industrial Credit Company. The complaint alleges the Defendant filed a complaint in the chancery court in December, 1978, and wrongfully obtained a writ of possession for certain road-building equipment belonging to Plaintiff Paverite. The Plaintiffs, McClel-lans, were made parties defendant to the complaint to recover any deficiency from…