Gladden v. Jacobowski

Citations

• 61 Wash. 242
• 112 P. 268
• 1910 Wash. LEXIS 1323

Syllabus

<p>Judgment — Res Judicata — Matters Concluded. The dismissal of an action to rescind a contract to support the plaintiff, on the ground that plaintiff had violated the contract in refusing to live with the defendant since August 20th, 1908, is res judicata and a bar to another action to rescind the same contract for failure to support the plaintiff from August 20th, 1908, to August 20th, 1909, commenced within fifty days after the entry of the former judgment; no breach since such judgment being alleged.</p> <p>Contracts — Support—Construction. Under a contract for life support at defendant’s home, providing that plaintiff shall not refuse to reside with defendant except for defendant’s neglect or failure to-suitably provide for plaintiff, in which event defendant was to pay $15 per month, defendant is not liable for the monthly payments-where plaintiff unjustifiably refused to reside with defendant.</p>