Miller Manufacturing Co. v. Zeiler

OPINION OF THE COURT

This appeal involves an attempt by defendant to use a prior dismissal "without prejudice” as the basis for a res judicata dismissal of plaintiffs complaint in the present action. The essential record facts are not in dispute. Plaintiffs predecessor-in-interest commenced an action against this defendant pleading five distinct but related causes of action. The first cause of action involved a claim by plaintiffs predecessor to an interest in another company in which defendant also claimed an interest. The other four causes of action concerned *958alleged breaches of a contract…