124 Minn. 416 | Minn. | 1914
Blaintiff brought this action to recover the reasonable value of services rendered by him as agent of defendant in procuring a purchaser for land owned by defendant, and which plaintiff was authorized by his employment to sell. The court ordered judgment for defendant on the pleadings and plaintiff appealed from an order denying a new trial.
The only question presented on this appeal is whether the action is barred by a judgment in a former suit between the same parties, ■ the facts in respect to which are as follows:
In the former action, concerning which there is no controversy, the complaint alleged the performance of the services, “at the special instance and request of the defendant,” the same being identical with the services for which recovery is here sought, and that they were of “the fair, reasonable and agreed value of $5,952.10.” Defendant’s answer was a general denial, and upon the issues thus framed the cause was brought to trial. At the opening of the trial counsel for defendant moved the court for an order, requiring plaintiff to elect whether “he will proceed upon quantum meruit, or upon contract, and that he be required to amend his complaint accordingly.” The motion was denied, and defendant excepted to the ruling. Counsel for defendant then requested counsel for plaintiff “to state upon what theory he is proposing to proceed, whether upon quantum meruit, or upon an express contract.” Counsel replied that he had no statement to make, that the cause of action was stated in the complaint, as the “fair, reasonable and agreed value,” and upon those
There is some confusion in the authorities upon the subject of res judicata, and in respect to when and under what circumstances a judgment in an action becomes final and conclusive upon the parties in subsequent litigation. In some of the states it is held, where either the rule estoppel by judgment or estoppel by verdict is invoked, that the party invoking it must affirmatively show that the precise issue or question was actually litigated and decided in the former suit. This is particularly true where the pleadings tender several issues, and the courts referred to hold that a judgment in such a case, under a general verdict, does not necessarily conclude a subsequent action involving any of the issues so presented. 1 Van Fleet, Former Adjudication, 618. While other courts hold to the rule that, prima facie, the parties are concluded upon all the issues so presented. Rhoads v. City of Metropolis, 144 Ill. 580, 33 N. E. 1092, 36 Am.
Order affirmed.