132 Minn. 30 | Minn. | 1916
Action to recover for certain patterns returned by the plaintiff to the defendant pursuant to the terms of a contract between them. There was a verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or a new trial.
The rule as to an estoppel by verdict, as stated by Chief Justice Start in Neilson v. Pennsylvania Coal & Oil Co. 78 Minn. 113, 116, 80 N. W. 859, is this:
“In order that a judgment in a former action should bind parties and privies by way of estoppel in a subsequent action as to a question of fact, it must appear from the judgment, or be shown by extrinsic evidence, that such question was directly involved within the issues made in the former action, and actually litigated and determined therein.”
To the same effect see: Macomb Sewer Pipe Co. v. Hanley, 61 Minn. 350, 63 N. W. 744; Irish Am. Bank v. Ludlum, 56 Minn. 317, 57 N. W. 927; Augir v. Eyan, 63 Minn. 373, 65 N. W. 640; 2 Dunnell, Minn. Dig. .§ 5103, and cases cited.
We have reviewed the case on the theory of the parties, namely, that it was necessary to a defense that there was an extension of the original contract and if there was a recovery followed. See Paxson Bros. v. Butterick Pub. Co. 140 Ga. 107, 78 S. E. 763.
Order affirmed.