Thompson v. Washington National Bank

Citations

• 68 Wash. 42
• 122 P. 606
• 1912 Wash. LEXIS 1245

Syllabus

<p>Judgment — Res Judicata — Mattebs Concluded — Subsequent Performance. Where a contractor had turned over his work as completed, refused further performance, and the only issue was whether there had been a substantial performance, the other party claiming that the work was worthless and a damage, a judgment dismissing an action to foreclose his lien, after a trial on the merits, is res judicata and a bar to another action to recover on the same contract in which the plaintiff offered to show that subsequently to the former judgment he had tendered full performance involving only a nominal expense of $12, and that the tender was refused.</p>