Bauscher Grain v. National Surety Corporation

McFADDEN, Justice.

This appeal is from a summary judgment granted pursuant to respondents’ motion dismissing the action. The basis of respondents’ motion for summary judgment was that the present action was res judicata by reason of the dismissal of a prior action.

Bauscher Grain, a partnership consisting of Don Bauscher and Lloyd F. Barron, is the plaintiff in the instant action. Prior to the filing of the present action, Don Bauscher, one of the members of the partnership, as the sole plaintiff instituted another action against the same defendants named in the instant action, based on the…