Toomy v. Hale

Citations

• 100 Cal. 172
• 34 P. 644
• 1893 Cal. LEXIS 763

Syllabus

<p>Former Judgment—Res Ad judicata — Assumpsit for Services.—A judgment in a former action upon an alleged contract for services, the complaint in which alleged that plaintiffs’ compensation under the agreement amounted to eighteen hundred and seventy-five dollars, and also alleged a new agreement, that the plaintiff should accept one thousand dollars in consideration of immediate payment, in which former action the court decided that the services alleged were performed at the request of a third party, and not at the request of the defendant, is conclusive in bar of another action subsequently brought to recover the reasonable value of the same services, alleged to have been rendered at defendant’s instance and request.</p>