GRIFFIN v. HOLIDAY INNS OF AMERICA

No. B-3444.

496 S.W.2d 535 (1973)

Leon GRIFFIN, Petitioner, v. HOLIDAY INNS OF AMERICA et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 18, 1973.


Attorney(s) appearing for the Case

Hooper & Robinson, Karl H. Moeller and J. Malcolm Robinson, Austin, for petitioner.

Waitz, Bretz & Collins, Bruce Waitz, San Antonio, Wallace T. Barber, San Marcos, for respondents.


WALKER, Justice.

The principal question presented by this appeal is whether a take-nothing judgment in a suit on an express contract to furnish labor and material is res judicata of a second suit on the quantum meruit between the same parties and involving labor and material furnished under the same contract. We hold that although the present suit is on a cause of action different from that asserted by plaintiff in the first suit, the earlier judgment is res judicata...

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