Wheeler v. Wilkin

Florence Gr. Wheeler sued Frank J. Wilkin on a contract. At the close of plaintiff’s case defendant moved for a nonsuit. The court granted the motion and dismissed the case. The plaintiff seeks a reversal of the judgment of dismissal.

1. One of the contentions of defendant in support of the judgment is that plaintiff previously sued defendant in tort for the same transaction, namely, for inducing her by false representations to purchase stock in a corporation ; that that action was dismissed without prejudice to the right of plaintiff to bring another suit based upon the same cause of action;…