Tupper v. Amort

In this action plaintiff seeks the recovery of the same money this court refused to allow on a counterclaim in the case of Amort v. Tupper (1955) 204 Or 279, 282 P2d 660. We will refer to that case as the former suit. The facts which give rise to the present case are the same as set forth in the opinion in the former suit. The trial court denied plaintiff recovery on the ground that the former suit was res judicata of the present case. Plaintiff appeals.

Briefly stated the facts are these: In 1950, the present plaintiff, Tupper, purchased from defendant Amort the latter’s shares of stock in an…