Sautbine v. Keller

I cannot concur in the Majority opinion. The obvious basis for said opinion’s statement that the theory of estoppel by judgment requires no consideration, in view of plaintiffs’ declaration that they do not rely on it, is found on page 8 of the brief of defendants in error, and reads as follows:

“Despite the straw man which plaintiffs in error set up under Proposition II of their initial brief, defendants in error do not assert that Willis G. Sautbine, Inc., is barred by the doctrine of estoppel by judgment.”

Despite the quoted statement on page 11 of the same brief, plaintiffs set forth a…