Goodman

The defendant had judgment in the trial court, and from this judgment the plaintiff appeals. The judgment went in favor of the defendant by reason of his plea of res judicata.

The complainant in this action seeks judgment against the defendant for and on account of an assigned claim from L. A. Dunning to the plaintiff, wherein and whereby it is claimed that the defendant was indebted to the plaintiff in the sum of $481.25, in consideration of certain work and labor performed, and money expended by said L. A. Dunning, in and about the repair and upkeep of certain tractors, discs, harrows and other equipment rented by the said L. A. Dunning to the said F. H. Dam. The defendant in this action pleaded a prior judgment involving the same cause of action. The complaint in the prior cause of action is in the following words: “Defendant heretofore became indebted to Lew Dunning (assignor of plaintiff) upon an open account, for labor and materials sold and delivered, at the defendant’s special instance and request, in the sum of $427.50.” In the instant action the complaint alleges a payment in the sum of $53.75, which leaves the amount sued for in both actions exactly the same.

While…