41 Iowa 513 | Iowa | 1875
The case of Taylor v. Chambers, 1 Iowa, 124, relied on by appellee, and which appellant seems willing to concede to be against the position for which he contends, and in conflict with the authorities upon'which he relies, but which he claims.
The following is the syllabus of that case, and fairly presents the jioint decided:
“ In an action by an assignee' upon a non-negotiable note given for a raft of logs, the makers pleaded that the logs were represented as good merchantable íogs, but on taking them from the river, they were found rotten and damaged twenty percent.; reply of former adjudication, and on the trial it was shown that in a previous action by the payee on another note, also given in part for the same logs, the defendants had set up the same fact, and a warranty of the quality of the logs, and claimed ‘a deduction of twenty per cent, on .the price of said logs;’ and that in the trial of said first action these defendants obtained an allowance by reason of said unsoundness pf 'the logs;’ Held, that the defendant’s whole demand was adjudicated in the former action, that this plaintiff is by statute 'in privity with his assignors, and could rely upon the former adjudication.” See 1 Iowa, Cole’s edition, 123.
This decision is manifestly right. The defendant having in an action between himself and the vendor of the logs claimed the damages to which he deemed himself entitled, on account of the unsoundness of the logs, and recovered the damages which the jury found he had sustained, of course he could not recover the same damages of another party. But that case is very different from the .present. The judgment is
Reversed.