Bill v. Gattavara

(dissenting) — I am not in accord with the application made in the majority opinion of the doctrines of res judicata and election of remedies to the factual situation presented by the record of this case.

In order that the judgment obtained by Bill against Gatta-vara in the prior action might be pleaded in bar to the present action, it would have to appear that there was a concurrence of identity in four respects: (1) of subject matter; (2) of cause of action; (3) of persons and parties; and (4) in the quality of the persons for or against whom the claim is made. Northern Pacific R. Co. v.…