Clinton Water Ass'n v. Farmers Construction Co.

Miller, Justice:

Farmers Construction Company [hereinafter Farmers] urges that its motion to dismiss should have been granted in a declaratory judgment action brought by the Clinton Water Association [hereinafter Clinton] against Farmers. The declaratory judgment action sought to settle the question of whether Clinton was entitled to liquidated damages because of Farmers’ delay in completing a construction contract which contained a penalty clause for late performance.

Farmers moved to dismiss the complaint, asserting the suit was foreclosed because the same issue had been previously submitted…