Cultice v. DeMaro Realty Co.

*398OPINION

By BARNES, J.

In considering the separate motions of the Springfield Building & Loan Association and the defendants, Zirkle and Evilsizers, we find there is involved distinct and different grounds.

First considering the motion of the Springfield Building and Loan Association, it is our conclusion that the motion to dismiss must be sustained for the reason that this identical question was passed upon by this court in cause No. 321 and having been adjudicated becomes res adjudicata. The theory of counsel for plaintiff that the judgment of June 28 was not a final order from which error…