Elerath Steel & Iron Co. v. Cornfoot

The greater part of the brief of defendants is based npon the plea of res judicata. The allegations setting out this plea were stricken ont on motion of the plaintiff before the first trial. The plea of res judicata was thereby eliminated. The second trial was conducted npon the same pleadings as the first. The plea of res judicata, therefore, is not in the case. The decision of this court on the former appeal is the law in this case: Howland v. Fenner Mfg. Co., ante, p. — (252 Pac. 962); Wicks v. Sanborn, 81 Or. 366 (159 Pac. 71); Williams v. Pacific Surety Co., 70 Or. 203 (139 Pac. 914). In…