res judicata

when a court of competent jurisdiction has entered a final judgment on the merits of a cause of action, the parties to the suit and their privies are thereafter bound 'not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.' The judgment puts an end to the cause of action, which cannot again be brought into litigation between the parties upon any ground whatever, absent fraud or some other factor invalidating the judgment.

A legal or equitable Issue which has been decided by a court of competent jurisdiction. To constitute a matter res judicata, so that, in a subsequent action, it cannot be drawn in question, (1) the court deciding the issue must have had jurisdiction (10 Pet. [U. S.] 474); (2) there must be identity of the subject matter of the action (7 Johns. [N. Y.] 20); (3) identity of the cause of action (8 Conn. 268; 3 Pick. [Mass.] 429), though the form of action may be different if it be of the same general class, or if the remedies be concurrent (12 Gray [Mass.] 428; 28 Minn. 450; 82 Ky. 505); (4) identity of parties (4 Mass. 441; 5 Me. 410; 23 Barb. [N. Y.] 464), but privies of the parties are bou^d (see "Privy;" 52 N. H. 162; 98 N. Y. 351); (5) identity of capacity in which they sue or are sued (4 C. B. 884; 21 Ala. 813); (6) and there must have been a final determination of the issues (143 Mass. 413; 104 111. 369); (7) on the merits (91 U. S. adjudication is final upon every matter which might have been litigated under the issues made (102 N. Y. 452). —

in practice, is the decision of a legal or equitable issue, by a court of competent jurisdiction. It is a general principle that such decision is binding and conclusive upon all other courts of concurrent power. This principle pervades not only our own, but all other systems of jurisprudence, and has become a rule of universal Jaw, founded on the soundest policy. Dig. 44, 2; and Voet. ibid. Kaimes’s Equity, vol. 2, p. 367; 1 Johns. Ch. R. 95. Toullier, Droit Civil Francais, vol. 10, No. 65 to 259. Vide Things adjudged. RESCISSION OF CONcannot, in general, be rescinded by one party unless both parties can be placed in the same situation, and can stand upon the same terms as existed when the contract was made. 5 East, 449; 15 Mass. 319; 5 Binn. 355; 3 Yeates, 6. The most obvious instance of this rule is, where one party by taking possession, &c. has received a partial benefit from the contract. Hunt v. Silk, 5 East, 449. A contract cannot be rescinded in part. It would be unjust to destroy a contract in toto, when one of the parties has derived a partial benefit, by a performance of the agreement. In such case it seems to have been the practice formerly to allow the vendor to recover the stipulated price, and the vendee recovered, by a crossaction, damages for the breach of the contract..7 East, 480, in the note. But according to the latter and more convenient practice, the vendee, in such case, is allowed, in an action for the price, to give evidence of the inferiority of the goods in reduction of damages, and the plaintiff who has broken his contract is not entitled to recover more than the value of the benefit the defendant has actually derived from the goods or labour; and where the latter has derived no benefit the plaintiff cannot recover at all. Stark. on Evidence, part 4, tit. Goods sold and delivered. Chitty on Contr. 276. See 7 East, 484; 1 Mass. R. 101; 14 Mass. 282; Wharton’s Dig. 119, 120; 10 East, 564; 1 Campb. 78, 190; 3 Campb. 451; 3 Starkie, 32; 1 Stark. R. 108; 2 Taunt. 2; 2 New Rep. 1386; 6 Moore, 114; 3 Chit. Com. L. 153; 1 Saund. 320, b. note; 1 Mason, 437; 1 Chip. R. 159; 2 Stark. Ev. 97, 280; 3 Ib. 1614, 1645; 3 New Hamp. R. 455; 2 South. R. 780; Day’s note to Templer v. M‘Lachlan, 2 N. R. 141; 1 Mason, 93; 631, 636; and Com. Dig. Action upon the case upon Assumpsit, A 1, note (x) p. 829, for a very full note. Com. Dig. Biens,(D 3) n. 8.) As to the cases where a contract will be rescinded in equity on the ground of mistake see Newl. Cont. 432; or where heirs are dealing with their expectancies, Ibid, 435; sailors with their prize money, Ibid. 443; children dealing with their parents, Ibid. 445; guardians with their wards, Ibid. 448; attorney with his client, 453; cestui que trust, with trustee, Ibid. 459; where contracts are rescinded on account of the turpitude of their consideration, Ibid. 469; in fraud of marital rights, Ibid. 424; in fraud of marriage agreement, Ibid. 417; on account of imposition, Ibid. 351; in fraud of creditors, Ib. 369; in fraud of purchasers, Ib. 391; in fraud of a deed of composition by creditors, Ib. 409. RESCEIT or RECEIT. The admission or receiving of a third person to plead his right in a cause formerly commenced between two other persons; as, when an action is brought against a tenant for life or years, or any other particular tenant, and he makes default, in such case the reversioner may move that he may be received todefend his right, and to plead with the demandant. Jacob. Resceit is also applied to the admittance of a plea, when the controversy 19 between the same two persons. Co. Litt. 192; 3 Nels. Ab. 146.