Brechlin v. Night Hawk Mining Co.

Citations

• 49 Wash. 198
• 94 P. 928
• 1908 Wash. LEXIS 550

Syllabus

<p>Judgment — Bar—Res Judicata — Splitting Causes — Judgment on Merits. The dismissal of an action on contract upon objection that the complaint did not state a cause of action, because the contract was an illegal one by a corporation to traffic in its own stock, is res judicata of another action between the same parties to recover on the same contract, omitting the illegal portion of the contract referring to the traffic in the corporate stock, where it appears that the contract was an indivisible one; since a final judgment on demurrer that goes to the ground of recovery is a judgment on the merits; and letters referred to in the second action do not affect the matter where they related to the subject-matter of the original contract and do not constitute an independent basis for a cause of action.</p> <p>Contract — Entire and Divisible. • A written contract for the sale of mining claims and shares of stock for a lump sum is an indivisible one.</p>