Soule Mill, Inc. v. Lockset Screening Co.

This action of contract is to recover for services in weaving and processing yarn of the defendant into finished material. The defendant’s bill of exceptions states that “the defendant was given leave to file a special answer in avoidance setting forth a plea of res judicata; and the defendant was relieved from filing any further answer until after final decision on the defence of said plea of res judicata.” The judge disallowed the “plea” and directed the defendant to file an answer forthwith.

*386Both briefs state that the defendant waived all other defences in the lower court. But this…