Brehm Lumber Co. v. Niblock

Citations

• 46 Wash. 180
• 89 P. 1134
• 1907 Wash. LEXIS 585

Syllabus

<p>Judgments — Res Judicata — Matters Concluded — Determination —Evidence. In an action between joint builders of a spur track to recover a balance due from one to the other on account of expenditures, a general verdict in favor of the plaintiff for $2,800 cannot be shown by a computation to conclusively establish the fact that the cost of construction was $10,943.56, so as to estop a party from claiming in a subsequent action that the cost was $12,836.75, where there was no special finding in the previous suit, and it appears that a counterclaim was interposed for an independent matter, which the jury might have allowed under the evidence, and where in the previous action the cost of construction was shown by the written statement of one party to be $12,836.75, and by the admission of the other party to be $12,253.30, and was admitted in the pleadings of the subsequent action to be $11,313.16.</p>