Barron G. Collier, Inc. v. Rawson

The pleadings and the findings of the trial court present but one question on this appeal, to wit: Was the plaintiff estopped to recover damages in the instant case on tlie theory that it had split its cause of action by the commencement and prosecution of a prior action predicated On the same contract? This question necessitates a brief statement of the facts.

Plaintiff, a corporation, executed a written contract with the defendant on April 22, 1921, for the leasing to defendant of space in street cars for advertising purposes. The contract stipulated a rental of $25 per month for a period of…