Kaiser v. Northwest Shopping Center, Inc.

GUITTARD, Chief Justice.

In this suit by a lessee for breach of the lessor’s obligations under a commercial lease, the trial court rendered summary judgment based on a plea of res judicata. On this appeal lessee contends that the present suit is not barred because his present claim is not one that he was required to assert as a counterclaim in the earlier suit against him by lessor. We hold that insofar as lessee’s petition in the present case can be interpreted to claim damages from breaches of lessor’s obligation that occurred since lessee answered in the earlier suit, this suit is not…