Eastern Plumbing Supply Co. v. Levitt

In a special defense the defendant set up in bar of the action the judgment in his favor in the former action, as between the same parties and for the same cause of action. In that action the court found that the job of constructing the apartment house was not completed when the action was instituted, and rendered judgment for the defendant on the ground that the action was prematurely brought. The court did not err in ruling that this judgment was not res adjudicata of the present action. A judgment for the defendant upon the sole ground that the action is premature is not a bar to a…