Arnold v. Randall

Decided January 31, 1905

Wisconsin Supreme Court · decided 1905-01-31

J. ViNjs, Circuit Judge. This action grows out of tbe same transaction as tbat between tbe same parties passed on by this court and decided February 2, 1904. 121 Wis. 462, 98 N. W. 239. Tbe two actions were, by stipulation, tried together upon tbe same evidence.

Cited by 1 later decisions — most recently October 1936

1 state decisions

Relies on Grunert v. Spalding · Arwold v. Randall

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1905-01-31

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Dodge, J.

¶1The only cause of action stated in the complaint is predicated upon the existence and breach of an agreement by Randall to pay to the mortgagee the amount of his debt, and therefore must fail because, in another action between the same parties, and upon the same evidence (Arnold, v. Randall, 121 Wis. 462, 98 N. W. 239), it was finally adjudicated that no such promise was made, which is, therefore, res adjudícala and conclusive in this action. Grunert v. Spalding, 104 Wis. 193, 220, 80 N. W. 589.

¶2By live Court. — Judgment reversed, and cause remanded with directions to enter judgment dismissing the complaint.