J. B. Sparrow Theatrical Amusement Co. v. Mack

Citations

• 195 F. 474
• 115 C.C.A. 384
• 1912 U.S. App. LEXIS 1400

Syllabus

<p>1. Judgment, (§ 956*)—Res Judicata—Burden of Proof.</p> <p>A party who relies on a judgment as a bar to the action must show such happenings at the former trial as will make the judgment an adjudication of the issues on the present trial.</p> <p>[Ed. Note.—For other eases, see Judgment, Cent. Dig. §§ 1822-1825; Dec. Dig. § 956.*]</p> <p>2. Judgment (§ 721*)—Res Judicata—Issues Concluded.</p> <p>■ A judgment for $1 for plaintiff, owning a theater, rendered in an action against various managers and proprietors of shows for conspiracy to prevent entertainments at the theater notwithstanding contracts with them for the production of their respective shows at the theater, under instructions submitting the issues of the existence of a conspiracy, of the breach of any contract induced thereby, and the amount of the damages sustained in consequence of the conspiracy and breach of- contract induced thereby, but prohibiting even a nominal verdict for plaintiff unless a breach of contract was caused by the conspiracy, is res judicata in a subsequent action by plaintiff against one of the managers and proprietors for breach of his contract to produce his show.</p> <p>[Ed. Note.—For other cases, see Judgment, Cent. Dig. § 1252; Dee. Dig. § 721.*]</p>