Russell v. Blair

Citations

• 18 Wash. 339
• 51 P. 477
• 1897 Wash. LEXIS 168

Syllabus

<p>RES JUDICATA—ESTOPPEL TO MAINTAIN ACTION ON ONE THEORY AFTER DEFEAT ON ANOTHER.</p> <p>Where a plaintiff has been non-suited in an action against defendant brought on the theory that the latter was liable as an employer, he is estopped from bringing a subsequent action Against the same defendant on the theory that he was liable as a guarantor, when plaintiff in the first action expressly admitted that defendant could not be liable in the latter capacity.</p>