Bifulk v. Evans

OPINION

CRIPPEN, Judge.

Appellants sued to recover contribution for ten installment payments (between 1978 and 1980) on a commercial note. Respondents and appellant Edward J. Bifulk were co-makers of the note. The trial court granted summary judgment against appellants, holding that their claim was the same cause of action as one they pursued earlier when recovering contribution for two 1981 installment payments on the same note, and that the earlier recovery absolutely bars the present claim under principles of res judicata.

Appellants appeal from the decision granting respondents’ summary…