81 Mo. App. 467 | Mo. Ct. App. | 1899
Lead Opinion
This is the second appeal in this case, the former appeal being reported in a cause between the same parties in 72 Mo. App. 598. It is admitted in the brief of the learned counsel for appellant that the facts developed on the present trial “are in all respects similar to those before the court on the former appeal.” As the facts and issues were fully stated by us at that time they need not be again recited. There was a trial. Plaintiff again had judgment, and defendant again appealed.
It is insisted on this appeal, as it was when the case was here .the first time, that the record contains no evidence direct or inferential, tending to show a ratification by defendant of the employment of plaintiff to do certain printing, to recover compensation for which this suit is brought. This point was decided adversely to the contention of appellant on the former appeal.. See Hesse Printing Company v. Travellers Protective Association of America, 72 Mo. App. loc. cit. 603. It is
Concurrence Opinion
CONCURRING OPINION BY
On the former appeal the plaintiff had judgment which we reversed. I was of the opinion that the cause should be dismissed, as there was no substantial evidence tending to show that defendant was liable. My associates differed with me. The case is here now on substantially the same evidence. Under repeated decisions the question decided by this court on the former appeal are res adjudicata. It is for this reason that I now concur in affirming the judgment.