WIDMER v. WOOD

No. 5-4548.

427 S.W.2d 537 (1968)

244 Ark. 891

Carl W. WIDMER, Appellant, v. Roy G. WOOD and Helen L. Wood, Appellees.

Supreme Court of Arkansas.

May 13, 1968.


Attorney(s) appearing for the Case

Carl W. Widmer, pro se.

Hardin, Barton, Hardin & Jesson, by Wm. Powell Thompson, Ft. Smith, for appellees.


BYRD, Justice.

Appellant Carl W. Widmer appeals from a decree sustaining a plea of res judicata to his action for specific performance. His grounds for reversal are that the trial court erred in not holding all his requested admissions of fact as being admitted, in not granting his motion for summary judgment, and in sustaining the plea of res judicata. Since a plea of res judicata is in actuality a plea of confession and avoidance, we do not reach the first two points...

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