Parnell v. Hahn

Citations

• 61 Cal. 131
• 1882 Cal. LEXIS 558

Syllabus

<p>Former Adjudication—Estoppel by Judgment—Presumption.—A judgment is conclusive upon all questions involved in the action and upon which it depends, and upon matters which, under the issues, might have been litigated and decided in the case; and the presumption of law is, that all such issues were actually heard and decided.</p> <p>Id.—Id.—Vendor and Vendee.—In an action to recover damages for •breach of an alleged contract for the sale of real estate, the defendant pleaded that in an action brought by him against the plaintiff and others to quiet his title to the land in question, the said plaintiff, for an equitable defense, set up the contract in question and prayed for a specific performance, and that judgment was rendered against him; and the Court found accordingly.</p> <p>Held: The judgment rendered in the former case is, as a plea, a bar, and, as evidence, conclusive in this action against the plaintiff. ■</p>