Miller v. Bulkley

Citations

• 85 Miss. 706

Syllabus

<p>1. Res Adjudicata. Sale of chattel. Suit for price. Breach of warranty.</p> <p>Where the seller sued for th'e price of a chattel and the buyer pleaded a breach of warranty in defense, a judgment in plaintiff’s favor will bar any subsequent action by the buyer for a breach of the warranty.</p> <p>3. Same. Replication to plea of. Row plea tried.</p> <p>A replication to a plea of res adjudicata alleging that the issues tried in the prior action were not those involved in the pending suit presents no issue of fact for a jury, since the plea must be tried upon the record presented.</p>